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Level 8
March 20, 2024
Question

Medicare Tax - Need some help

  • March 20, 2024
  • 6 replies
  • 50 views

Taxpayer works for local government and his wages are subject to Medicare but not Social Security.  For several years, amounts were taken out of his W-2 pay pre-income and pre-Medicare for a medical health account (not HSA but works in a similar manner).

In 2023, it was determined that there was an issue with the plan.  The benefits company (not employer) issued a Form 1099 NEC for amounts put into the account over the years.  I questioned the use of a 1099 NEC and was told by the benefits company the reason it was put on the 1099 NEC was because the amount is subject to both income tax and Medicare tax but NOT Social Security tax as the employee wages paid by the local government are not subject to SS tax.

So there are a lot of questions, such as should corrected W-2s for each year involved be re-issued by the employer instead of a 1099 NEC issued by the benefits company, even though this goes back many years.  But lets move past that as I don't want the thread to go there.  Here is my question: is there a way in the program to report this to subject the amount to income tax and only Medicare tax?  The closest I can come to is to report it as tips paid by a government but it clearly isn't tips and I think including a Form 4137 will really muddy the waters as the income would be reported as wages as well.  Which would mean I would need to somehow negate the 1099NEC amount, which I am currently reporting as other income.  I have also looked at Form 8919 but can't see how to get it to just compute Medicare tax without SS tax.

Any ideas would be appreciated.

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6 replies

IRonMaN
Level 15
March 20, 2024

You should have asked the benefits company how a person is supposed to accomplish that since it was their hair brained idea to send the 1099.  

Slava Ukraini!
rbynaker
Level 13
March 20, 2024

I'm calling BS on that one.  Even if there were a mechanism for just paying Medicare tax, half of that tax needs to be paid by the employer, not the taxpayer.

Level 8
March 20, 2024

I have just asked my client to ask one of his colleagues who has filed if they were able to file electronically and pay just income tax and Medicare tax.  I have a feeling they are going to find that their preparer subjected it to SS tax as well.

That is a very good point about just paying the employee share of the Medicare tax.  I can accomplish that on Form 4137 but since it is not tips and I would then somehow have to negate the 1099NEC, I am not ready to go that route.

I think a novel size explanation attached to the return of all these moving parts might be in my future.

IRonMaN
Level 15
March 20, 2024

I think a bunch of overrides and explanations to the IRS are in your future ------ along with paper filing the return.

Slava Ukraini!
Skylane
Intuit Community Champion
March 20, 2024

<<For several years, amounts were taken out of his W-2 pay pre-income >>

<< I questioned the use of a 1099 NEC and was told by the benefits company the reason it was put on the 1099 NEC was because the amount is subject to both income tax and Medicare tax but NOT Social Security tax >

Sounds like they were trying to offer a cafe 125 plan and screwed it up.  Whatever the problem a  doubt a 1099-NEC is the solution. 

I agree w/ Rick that this is on the ER not the EE.  If this is there solution then the ER should be res[ponsible for the additional tax (especially if it's a public entity).    

 

If at first you don’t succeed…..find a workaround
Level 15
March 21, 2024

Your client did not receive any taxable income from the Benefit Company, so none of it is taxable.

Either (a) ignore it and explain when the IRS sends a notice or (b) enter it and back it back out.

Level 8
March 21, 2024

Well, he did receive a check from the benefit company and I don't think it was a gift.😁

Level 15
March 21, 2024

Oh, I misunderstood that.  I wrongly that it was merely for the "amounts put into the account over the years".

Was the check for the "amounts put into the account over the years"?  Or less than that?

BobKamman
Level 15
March 21, 2024

I nominate this for the "Ultimate Trick the IRS Computer Maneuver Award" of this tax season.  @IRonMaN is right that a paper return with attached explanation may be the best solution.  Also, the quickest solution, even counting the time needed to send IRS another copy in 18 months. 

This payment should obviously have been reported on a W-2.  (If sick-pay insurers can issue W-2s to non-employees, why can't this benefit company?)  But what do you do when your client doesn't receive a W-2?  That might not be covered the first day of Income Tax 101, but it certainly will be before the last. 

Form 4852.  Amount from the NEC on Lines 7a and 7c.  Nothing on Line b.  

IRS Instructions for 7c—Medicare wages and tips. Enter your total wages and tips subject to Medicare tax. This amount may be required to be entered on Form 8959, Additional Medicare Tax

If you can't do that easily, remember that the employer is responsible when taxes are not withheld, and IRS may have already come after them as far as you know.  Maybe set aside 1.45% in case anyone asks and it doesn't fit easily on the return.  

Level 8
March 21, 2024

I did a little more digging and found out this is a VEBA type account, so the amount shown on the 1099NEC represents all amounts contributed plus the earnings.  Since the taxpayer is not retired, nothing was/could be used at this time.  The employer withheld per employee a specified amount as directed by the VEBA on a class by class basis and turned over the funds to the administrator designated by the VEBA.

Something went afoul of the rules at the VEBA level, necessitating the termination of the plan within the VEBA and the return of contributions and earnings to the members.  As mentioned above, my client received a 1099NEC from the administrator.  

Given this, I don't think this has anything to do with the employer so I don't think the 4852 is the answer.  I am leaning toward including it as "other income" with an explanation that the client is not in a trade or business, and thus not subject to self-employment tax.  While there is the question of Medicare tax, the amount in question is not material so maybe I will just wait to see if IRS comes looking for it.

Is this a good course to follow or is something better, given the obstacles involved with getting the program to just employee Medicare tax something?  The employee only Medicare tax involved is approximately $400. 

BobKamman
Level 15
March 21, 2024

How can you say "this has anything to do with the employer" but still think it is subject to Medicare (employment) taxes?  And obviously the VEBA administrator acknowledges it is earned income, by using the NEC form.  

IRonMaN
Level 15
March 22, 2024

You should have just referred the client to Jim.  I'm sure he could have prepared that return in 8-1/2 minutes - 10 at the most.😜

Slava Ukraini!