Payroll giant ADP is offering a new Protective Claims Service for employers to preserve their right to a refund of FICA taxes they remitted for certain types of severance pay, pending a final decision in a case that the Supreme Court heard this week.

The Supreme Court heard the case, known as United States v. Quality Stores, Inc., on Tuesday, but a decision may not be handed down until June. The outcome of the case could determine whether employers are eligible for a refund of the FICA taxes they remitted on certain types of severance pay made in tax year 2010 until the present. Businesses that believe they may be eligible for a refund of 2010 FICA taxes—assuming a ruling by the court determines that they are entitled to one—must file a protective claim with the IRS no later than April 15, 2014, due to the statute of limitations.

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