IRS issues guidance on repayment of deferred payroll taxes

The Internal Revenue Service released information on how employees now have until the end of the year to repay any payroll taxes they deferred from last year.

The Internal Revenue Service released information on how employees now have until the end of the year to repay any payroll taxes they deferred from last year.

Former President Trump issued a presidential memorandum last August allowing Social Security taxes to be deferred for the rest of 2020, but under the order they had to be repaid by April 30, 2021. The coronavirus relief package that Congress passed last month extended the repayment period until the end of this year.

Relatively few companies actually implemented the payroll deferral for their employees because there was no guarantee that the deferred payroll taxes would ultimately be forgiven by Congress. However, federal employees and military service members were still required to accept the payroll tax deferral, meaning those taxpayers will be facing smaller paychecks later this year.

CORONAVIRUS IMPACT: ADDITIONAL COVERAGE
Prange-Mary Margaret - Calibre CPA Group

Mary Margaret Prange, CPA, is an audit partner with Calibre CPA Group. She has been in public accounting since 2001, and has significant audit experience with not-for-profit organizations including trade and professional associations, charitable foundations, advocacy groups, faith-based organizations, employee benefit plans and labor unions. She is the head of the firm’s Continuing Education Committee and is responsible for planning, developing and delivering a majority of the firm’s internal CPE programs each year. She is also responsible for developing and administering the firm’s summer externship and internship programming each year. Mary Margaret received a Bachelor of Business Administration with a concentration in Accounting from James Madison University and is a CPA licensed in the District of Columbia and Commonwealth of Virginia. She also serves as a board member for the James Madison University School of Accounting Guiding Executives Board.

cabral-jason-nutter.jpeg

Jason Cabral is a partner in Nutter’s corporate and transactions department and a member of the firm’s banking and financial services group. Jay's practice focuses on providing corporate and regulatory advice to U.S. and non-U.S. financial institutions regarding the application of federal and state banking laws and regulations to their investments, activities and mergers and acquisitions.

curry_tom_nutter.jpeg

Thomas Curry is a partner in Nutter’s Corporate and Transactions Department and a co-leader of the firm’s Banking and Financial Services group. He advises clients in a wide range of policy, regulatory, governance and other matters. He chairs the Milken Institute’s Fintech Advisory Committee. Before joining Nutter, Curry served as the U.S. comptroller of the currency until May 2017. He most recently served as an expert consultant for the International Monetary Fund.

In Notice 2021-11, the IRS on Tuesday explained how employers who deferred payroll taxes on behalf of their employees can withhold and pay the deferred taxes throughout 2021 instead of just within the first four months of the year.

The deferral applied to employees who were paid less than $4,000 every two weeks, or an equivalent amount for other pay periods, with each pay period considered separately. The taxes, which are technically called Old Age, Survivors and Disability Insurance, or OASDI, are calculated at 6.2 percent of employees’ wages.

Notice 2021-11 makes changes to last year’s Notice 2020-65 to reflect the extended payment period. Payments made by Jan. 3, 2022, will be considered to be timely because Dec. 31, 2021, is a legal holiday. However, any penalties, interest and additions to tax will now start to apply on Jan. 1, 2022, for any unpaid balances

Advertisement
irs-headquarters-american-eagle-sign.jpg
IRS headquarters in Washington, D.C.
Andrew Harrer/Bloomberg

The IRS cautioned that employees could see their deferred taxes being collected immediately, so employees should check with their organization’s payroll point of contact on what their collection schedule will be.