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.

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Adam Famularo is chief executive officer at erwin, Inc., a data management firm.

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Paul Strid is founding principal at Concentus Wealth Advisors in King of Prussia, Pennsylvania.

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Donald Light is the Director of Celent's Americas Property/Casualty Insurance Practice. His coverage areas include: technology and business strategy, transformative technologies such as digital strategy and the Internet of Things, new business and underwriting, policy administration, claims, M&A due diligence.His recent consulting work includes: developing a strategic IT plan for a specialty insurer, vendor selection advisory work for rating, policy administration, and claims; a build vs. buy analysis for core systems; and several due diligence projects for acquisitions.Mr. Light is widely quoted in the press and media, including The Wall Street Journal, The New York Times, Financial Times, The Economist, NBC and CBS Evening News, CNBC, National Public Radio. Heis a frequent presenter at industry conferences including those sponsored by ACORD, LOMA and IASA.Prior to joining Celent, Mr. Light was an insurance subject matter expert with Sapient and for his own firm Donald Light Consulting, where he advised senior managers at major insurers and other financial institutions. He has also held a senior research position in Allstate's Research and PlanningCenter. Light has a B.A. cum laude in economics from PrincetonUniversity, and an M.B.A. from the University of California, Berkeley.

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

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IRS headquarters in Washington, D.C.
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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.