Court ruling on salaries could cost teaching hospitals, residents

By: Julie McCoy June 15th, 2009 Email Print

The Eighth Circuit U.S. Court of Appeals found that residents’ salaries may be subject to Social Security taxes, according to an article in The Wall Street Journal.

Although most U.S. employees must pay Social Security taxes, students whose work is part of their studies have been excluded. Residents fell into this group, but over the past decade, medical schools and the IRS have been fighting over this exclusion, says The WSJ.

The appellate court’s ruling overturned those of two district courts, which had sided with the medical schools. The judges said medical residents are subject to payroll taxes, but says the tax law does not define whether residents are students or employees. According to the WSJ, this means the IRS can adopt its own guidelines around resident tax collection.

What do you think about this latest ruling? Leave your comments in the box below.

For more information on the resident tax issue, also see:

Inside Higher Ed

Minnesota Public Radio

The Chronicle of Higher Education

Comments

I thought that only residents in the U.S. on J-1 visas were not subject to the FICA’s. All others have all the withholdings from their salaries.

 

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