White Paper

6 Pages
  • 6 Pages

IRS Issues Revised Requirements for Employers to Claim FICA Tax Refunds


On March 20, 2017, the IRS issued Revenue Procedure 2017-28.

The Revenue Procedure 2017‑28 provides guidance to employers on obtaining employee consents used to support a claim for credit or refund of overpaid taxes under FICA and RRTA. This white paper describes the new procedures and provides valuable information regarding the rules for amending past employment tax returns due to the over- or under-payment of Social Security, Medicare and Federal income tax on employee wages.



Kevin Spencer

Kevin Spencer

McDermott Will & Emery

  • Partner with McDermott Will & Emery and focuses his practice on tax controversy issues
  • Represents clients in complicated tax disputes in court and before the Internal Revenue Service (IRS) at the IRS Appeals and Examination divisions
  • Broad experience advising clients on various tax issues, including tax accounting, employment and reasonable compensation, civil and criminal tax penalties, IRS procedures, reportable transactions and tax shelters, renewable energy, state and local tax, and private client matters
  • Prolific writer and lecturer on a variety of tax topics, and is an active member of the firm's Pro Bono and Community Service Committee
  • Adjunct law faculty member at Georgetown University Law Center and is an editor of the firm's Tax Controversy 360 blog
  • J.D. degree, cum laude, University of Miami School of Law; B.S. degree, cum laude, Mary Washington College, LLM degree, with distinction, Georgetown University Law Center

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