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.

CORONAVIRUS IMPACT: ADDITIONAL COVERAGE
Headshot of Catherine Stihler

Catherine Stihler (OBE, FRSE) is a distinguished international leader and open technology specialist who served on the Governor of Pennsylvania's AI task force. She has also collaborated with the World Economic Forum's AI Alliance, and provided valuable insights to the US National AI committee, establishing her as a key figure at the intersection of AI development and governance, among other notable achievements. With a career including two decades at the forefront of European policy creation and decision-making, she uniquely bridges regulation and innovation - helping organizations understand compliance and achieve goals.  Catherine seamlessly combines an insider's knowledge of international institutions and business with a results-driven approach, showcasing a unique and practical perspective. She is also acting advisor for Vero AI, the new innovative AI startup behind the Iris platform and VIOLET Impact Model.

Dan Chu is the executive director of the Sierra Club Foundation.

Pegine Grayson Whittier Trust

Pegine Grayson, JD, CAP, is a senior vice president and director of Whittier Trust's Philanthropic Services department, leading a team of 14 in providing philanthropic advice to the company's high net worth clients and management services for their foundations and donor-advised funds. 

Grayson advises clients on issues such as formalizing their philanthropy, charitable giving strategies, impactful grant-making and involving the next generation in philanthropic activities. She and her team also provide turn-key, comprehensive foundation and DAF management services, shouldering all the administrative responsibilities, so clients can simply experience the joy of giving and the positive impact it has on their families.

Grayson received her law degree from the University of Southern California Law School, her chartered advisor in philanthropy designation from The American College, and her bachelor's degree from Middlebury College. She is also trained as a mediator through the Los Angeles County Bar Association.

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

Advertisement
irs-headquarters-american-eagle-sign.jpg
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.