About twenty years ago, I was employed for ca. three years by company which never filed or paid social security taxes.

Asked about 2 years ago - Frederick, MD

Company is long gone. Obviously, my social security record is incorrect, and there is no funding for those years. Can anything be done on either problem?

Attorney answers (3)

  1. Clifford Michael Farrell

    Contributor Level 19

    6

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    Answered . Sorry to hear of the problem. Unfortunately, the answer is not, there is nothing that can be done noew.

    SSA has a limit to correcting earnings records - of 3 yrs, 3 months and 15 days. There are somne exceptions, but for at least the past 10 years or so, SSA has sent everyone a copy of the earnings record. It will be hard for SSA to accept that you could get your earnings record and not notice the gap until now....

    I hope this information helps. Good luck to you!
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  2. Kelie Cummins Schneider

    Contributor Level 10

    6

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    Answered . The first thihg to consider is whether you worked for a company that has their own pension plan and therefore does not pay into Social Security. The Postal Service is an example of this.

    Also - if your employer had you listed as a "contractor" and you recieved a 1099 and not a W-2, this would explain why they didn't pay FICA tax on your behalf.

    If an employer does not pay FICA tax, they are responsible to the IRS for the amount that should have been paid in taxes. However, being that they are "long gone," unfortunately, there is not a lot that can be done. Technically, FICA taxes are supposed to come half from the employee and half from the employer. So, at times the IRS, if they determine that FICA tax was not paid, will ask the employee for their half of the amount owed.

    I suggest that you speak with a tax attorney in your area if you intend to pursue this further to protect yourself.


    Good Luck!
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  3. Steven J. Fromm

    Contributor Level 20

    5

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    Answered . That is a very long time. You should have raised this issue a long time ago. You should speak to a social security lawyer but you have some real limitations here.

    Hope this helps.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more

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