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.
Ryan Carrere is a partner with Mopsick Tax Law LLP in Sacramento, Calif. His practice focuses on tax controversy matters before the IRS, the California Franchise Tax Board, the Employment Development Department, and the State Board of Equalization.
Steven J. Mopsick is a federal tax attorney with Mopsick Tax Law LLP in Sacramento, Calif. Prior to working in private practice, he served with the IRS for 30 years as a tax law specialist, trial attorney before the U.S. Tax Court, and special assistant to the deputy chief counsel. He also taught IRS civil and criminal practice and procedure as an adjunct professor of law at the University of The Pacific, McGeorge School of Law for ten years.
Chris Moschovitis is chief executive of tmg-emedia and co-author of “History of the Internet: 1843 to the Present.” He is working on his latest book “Cybersecurity Program Development for Business: The Essential Planning Guide,” to be published by Wiley later this year.
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
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.
