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As an employee, if I have jobs with multiple employers, I can have too much social security withheld in a year. Example: if I have two jobs, each paying over $160,200 (in 2023) then each will withhold the maximum $9932.40 (= 6.2% of $160,200). My social security withholding is 2X what it needs to be. Inconvenient but I get the overage back at tax time: the IRS includes that in the total federal tax I've paid, so it reduces what I need pay at tax time, or increases the size of my refund. All good.

How does this same scenario work for employers? Employers pay the same amount in social security as employees. So in the scenario above, employer 1 pays $9932.40 and employer 2 also pays $9932.40. Can employers recoup the "overage" they've paid? (The key point here is I don't know if that's considered an overage under the law). My common-sense idea is they'd each get back 50% of what they paid. In a more complex scenario (several employers, each withholding different amounts) then it would be pro rata by what % of the total (employer-side) social security contributions each employer made for the same employee in that tax year. But of course common sense often doesn't apply with taxes.

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  • Given you're using $, are you in the US? Commented Oct 12, 2023 at 9:31
  • Assuming US based, my only experience is hiring nannies, where the usual issue is my nudging them to properly withhold federal tax. As I see it, the W4 is the be-all end-all of communication to employer regarding withholdings. I hadn't even heard of the SS cap, but my guess is that you can't electively underwithhold SS because a. it is a payroll tax and b. you could lose your employment at any point and the IRS can't come back and collect the difference on account of part a. I would assume the IRS applies interest to their refunds on the SS component just like FIT.
    – AdamO
    Commented Oct 12, 2023 at 17:53
  • I’m voting to close this question because it really isn't personal finance; it's business taxation.
    – keshlam
    Commented Oct 13, 2023 at 0:33

1 Answer 1

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NAL: My understanding is this: the employer portion is per-employer, and the employee portion is per-employee. So you can recoup your overpaid social security because you met your obligation (you are still one employee no matter how many jobs you have), but employers cannot because they are each obligated to pay that certain percentage, even if another is paying the same (as they are both obligated to pay that as they are two separate employers). In your example, employer 1 and employer 2 have separate social security tax obligations of $9932.40 because of your employment with them, and so neither of them actually overpaid.

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