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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Beth Haddock AdvisorEngine chief legal officer
Beth Haddock

Beth Haddock is chief legal officer for wealthtech leader AdvisorEngine and an independent board director and advisor for emerging tech leaders.

With over 25 years of experience leading the design and successful implementation of modern governance programs, she fosters a culture of risk ownership, partnership and creative problem-solving, repositioning governance and compliance as powerful business drivers. She is the author of "Triple Bottom-line Compliance: How to Deliver Protection, Productivity and Impact" and is an active industry leader, serving as co-chair for the Web3 subcommittee of the Digital Tech Taskforce for the New York City Bar Association, the Regulatory Advisory Committee for the National Society of Compliance Professionals and on the Advisory Board for ADVISE AI.

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Raymond Leclercq is CFO of Board International, a provider of intelligent planning solutions for analytics and reporting to ensure companies are tracking and sustaining their ESG promises.

Kellie Johnson is SVP for the Americas at payments modernization specialists RedCompass Labs. Kellie previously worked at Payments Canada, Citi, Finastra and National Bank of Canada and has over 20 years of experience in payments with a focus on business development, strategy and product management.

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.