Updated: December 10, 2024 at 07:43 AM
Amounts that a regular (i.e., common law) employee elects to contribute under a cash or deferred arrangement under IRC Section 401(k), a section 403(b) plan ( Q
3760), and SIMPLE IRA plans are treated as wages subject to Social Security tax.
1 Payments to, from, or under a qualified retirement plan are specifically excluded from the definition of wages under the Social Security law. Consequently, neither employer contributions to, nor distributions from, a qualified retirement plan are subject to Social Security taxes.
2
1. IRC §§ 3121(v)(1); 3121(a)(5)(H).
2. IRC § 3121(a)(5).