Preamble:
Internal Revenue Code Section 3121(b)(10), in what is known as the
"student FICA exception," provides that wages paid to a "student
who is
enrolled and regularly attending classes" at a college or
university
are
not subject to FICA taxes. Internal Revenue Service Revenue
Procedure
98-16, issued in January 1998, clarifies that to qualify for the
exemption,
the student must be enrolled at least half-time as an
undergraduate or
graduate student. The clarification also applies to FUTA
taxes.
Policy Statement:
1. In order to take advantage of the exemption on paying FICA taxes and FUTA taxes on wages paid to student employees, University departments should employ students enrolled at least half-time or more. To qualify for the student FICA and FUTA exemption, a student's enrolled hours must equal or exceed 50 percent of full-time status1. In addition, the following students also qualify for the student FICA and FUTA exemption: (a) a graduate student that needs five hours or less to graduate, and (b) a graduate student with a one hour thesis enrollment.
2. Departments employing students that do not qualify for the student FICA and FUTA exemption are required to reallocate their budget to fund the additional employer FICA and FUTA taxes incurred by the University.
3. Departmental staff can use the WSU Student Employment Pre-Approval screen (STUE) on CICS2 on the mainframe computer to verify a student's enrolled hours. The table below is a guide for interpreting STUE:
| Enrollment and Employment Status |
Full-Time Enrollment Status |
Minimum Enrolled Hours
To Exempt From FICA/FUTA |
| Undergraduate Object Codes: 1200, 1210 |
||
| Fall/Spring | 12 | 6 |
| Summer Session | 6 | 3 |
| Graduate Object Codes: 1130, 1140, 1200, 1210 |
||
| Fall/Spring | 9 | 5 |
| Summer Session | 6 | 3 |
| Graduate Teaching Object Code: 1120 |
||
| Fall/Spring | 6 | 3 |
| Summer Session | 3 | 2 |
1The Undergraduate Catalog defines full-time student as follows:
The Vice President for Administration and Finance shall have primary responsibility for publication and distribution of this University policy.
Effective Date:
August 9,
1998
(Note: The reader may also find it helpful to refer to the Student
Employment
Policy at Section 8.01 of this manual and Regular
Student
Employment at Section 8.02.)