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B-261522 1 (1995-09-29)

handle is hein.gao/gaocrptacci0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: Social Security Trust Funds' Appropriations

File:       B-261522

Date:       September 29, 1995

DIGEST

The amount of funds appropriated to the Social Security trust funds under 42 U.S.C.
§ 401(a)(3) is tied to the amount of wages certified to the Secretary of the Treasury
by the Commissioner of Social Security on the basis of the Social Security
Administration's (SSA) records of wages established and maintained by SSA in
accordance with wage information reports. The Commissioner, SSA, may consider
both individual employee wages, as reported annually by employers to SSA, and
wage information reported quarterly by employers to the Internal Revenue Service
on Forms 941, in certifying wages to the Secretary of the Treasury.

DECISION

By letter dated May 24, 1995, the Deputy Commissioner for Finance, Assessment
and Management, Social Security Administration (SSA), requested our opinion on
whether SSA can use wage data collected by the Internal Revenue Service (IRS) in
calculating the amount of employee wages for purposes of section 201(a)(3) of the
Social Security Act (Act). Section 201(a)(3) appropriates from the general fund of
the Treasury into the Social Security Old Age, Survivors and Disability Insurance
and Medical Health Insurance trust funds (Trust Funds) amounts determined by
applying the applicable tax rate to employees' wages as certified by the
Commissioner of Social Security on the basis of the records of wages established
and maintained by such Commissioner in accordance with [wage information]
reports [provided the IRS]. 42 U.S.C. § 401(a)(3).

Background

Section 201(a)(3) annually appropriates to the Trust Funds an amount equivalent to
the amount of taxes imposed by certain employment tax laws. As a matter of
practice, the Secretary of the Treasury transfers estimated amounts from the
general fund of the Treasury to the Trust Funds subject to subsequent adjustments
when the estimates are found to have been less than or in excess of actual taxes
imposed. Section 201(a)(3) specifies that the Secretary of the Treasury is to
determine the amount of taxes imposed by applying the applicable rates of tax to


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