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.
Dusti Browning is the chief operating officer at Conduit Health Partners.
Eric Boughner is the chairman of BNY Pennsylvania and regional president of BNY Wealth.
He oversees all client, employee and community activities in Pennsylvania and leads BNY Wealth across the Midwest. He has worked across the financial service industry and joined BNY in 2008 as a portfolio manager in the in the private equity group.
Lewis Rinaudo Cohen is the co-chair of the digital assets and emerging technology practice group at Cahill Gordon & Reindel LLP, known as CahillNXT, which focuses on the use of blockchain, crypto assets and tokenization across all aspects of capital markets and all areas of economic activity. Lewis is a frequent public speaker on the topic of blockchain and the financial markets, and has been included for many years as a "Band 1" practitioner by leading independent firm Chambers and Partners USA.
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.


