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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Jim Buttonow, CPA, CITP, has been a leader in helping taxpayers and tax professionals resolve tax problems with the IRS. For 19 years, he worked at the IRS in various compliance enforcement positions. Since 2006, he has been in private practice and tax and accounting software development. Buttonow served as chairperson of the IRS Electronic Tax Administration Advisory Committee in 2015 and 2016 and as the North Carolina representative on the IRS' Taxpayer Advocacy Panel from 2020-2022. He regularly speaks on areas of tax administration and problem solving to national associations and has testified before Congress in areas of tax administration. He has also published many articles in industry publications, and currently authors the Tax Problems and Solutions Handbook," a publication aimed at helping tax pros work more effectively in post-filing matters and resolving their clients' most common tax problems. Reach him at Jim@ButtonowCPA.com or at buttonowcpa.com.

Linda Strab Jones is the Director of Market Planning for Compliance Products with LexisNexis Risk Solutions

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Robert Reid is the chief executive officer of cloud-based accounting and business software provider Intacct. He served most recently as president and CEO of LucidEra, a provider of on-demand business intelligence. Prior to that, he was group vice president of industry-leading Siebel CRM On Demand for Oracle Corporation, managing the SMB sector. As president and CEO of on-demand CRM innovator UpShot, Rob grew the company tenfold before it was acquired by Siebel. He has also served as president of Concur Commerce Network, an e-marketplace for small to mid-sized businesses, and also as president and CEO of Seeker Software. Rob was a vice president at Documentum, a document management software company. He has also held executive management positions at Octel Communications, NBI, and Zenith Data Systems.

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.