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Printable Form 941-SS San Jose California: What You Should Know

E) “Employees shall report pay and withholding son Form W-4, Wage and Tax Statement, together with the federal income tax return required under the Code, but only to the extent these Federal forms apply to wages or other compensation paid by the employer to the employer's employees in the period, (3).” (f) “As a part of the employer's regular business and the employer's regular method of reporting employment income and expenses, the employer shall be responsible for deducting and withholding the Federal social security and State and local income taxes and the corresponding payroll taxes required by these laws from compensation paid to an employee by the employer for services performed in the United States.” (g) “An employee or his or her representative shall not be required to pay Social Security taxes pursuant to the provisions of this section unless the employee's employer claims a deduction from the employee's pay in connection with the same employment activity as required by the Code in a timely manner.” (h) “An employee's employee benefits in accordance with Section 6135 of the Internal Revenue Code shall not be withheld and shall not be included in the employee's gross income if the employee's pay or other compensation for services performed in a non-residential area is equal to or more than the minimum fair market wage rate for that area in effect in the area from which the employee was recruited.” (i) “The employer need not claim a deduction from the employee's wages (other than wages for services performed in a non-residential area which is equal to or more than the minimum fair market wage for that area) and other employee benefits, unless the employer does so using an illegal method of computing the amount of a deduction required by one of the rules in this section.” Form SE 41 (2) (ii) and Form SE 42 (2) (iii) (i) “Employees shall not be required to pay FICA taxes pursuant to the provisions of this section unless the employee's employer claims a deduction from the employee's pay in connection with the same employment activity as required by the Code. An employee's FICA tax need not be withheld from the employee's wages, other than wages for services performed in a non-residential area which is equal to or more than the minimum fair market wage rate for that area, to the extent that the employee's FICA tax is not claimed, paid, or collected by the employer in connection with the employment activity.

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