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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Betty Cowell is a senior advisor with Simon-Kucher & Partners.

Wei Ke is a partner at Simon-Kucher & Partners.

Wei is a Director with Simon-Kucher & Partners, and holds joint appointment in the New York and Toronto offices. He specializes in strategic issues at the marketing-operations interface. Wei's primary consulting focus is on pricing, marketing, and risk analytics topics with large financial institutions in the US, Canada, and Europe.Besides financial services, Wei has developed customer-centric pricing and marketing optimization solutions for a department store chain and an entertainment company in the US. He has also developed optimization solutions for clients in self-storage, healthcare, shipping, and solar energy industries.Wei has been published in leading banking journals, including American Banker BankThink, Bank Accounting & Finance, and BAI Banking Strategies. He has also co-authored MBA teaching cases on retail pricing, currently in use at Columbia Business School and NYU Stern School of Business.Wei received a PhD in Decision, Risk, and Operations from Columbia Business School, and a BS in Electrical Engineering & Applied Mathematics, summa cum laude, from Columbia University.

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.