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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George Nichkov of Taxnova

George Nichkov is the CEO and co-founder of Taxnova, a platform that helps tech companies automate their R&D tax credit with AI. Before Taxnova, he was a product lead at Gett, where he built and launched B2B products including a corporate portal, APIs and carpooling. He began his career in strategy consulting at Oliver Wyman, and has since worked across product, AI and entrepreneurship.

Ali Diab is the co-founder and CEO of Collective Health, the world's leading employer health benefit plan administration platform. Ali has more than 25 years of experience leading high-growth technology organizations, and prior to co-founding Collective Health, was Vice President of Product Management and Business Operations at AdMob by Google. Previously, Ali held executive and management positions at Goldman Sachs, Microsoft, and Yahoo!. Ali is a graduate of Stanford and Oxford Universities and is a Member of the Board of Advisers of the Stanford Institute for Economic Policy Research (SIEPR) and a Trustee of San Francisco Day School.

Lee M. Shavel is Verisk's president and chief executive officer. He brings over 30 years of experience advising and leading publicly traded companies to Verisk—determining strategies and policies, overseeing financial performance and furthering company culture.

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.
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.