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.
Don Reiser is a managing director at CBIZ MHM who serves as the national leader of the CBIZ international tax practice. He has more than 30 years experience providing international tax consulting services to public and privately-held U.S. and foreign-based corporations as well as foreign individuals and businesses investing in the United States.
Jan Smallenbroek is a managing director of tax at CBIZ MHM who has been serving clients since 1994. He focuses on supply chain structures and the related international tax and transfer pricing implications, assisting companies to efficiently structure their manufacturing and distribution tax footprint. He also assists with global tax rate structures, tax filings and compliance and transactional due diligence services.
Richard L. Chen is the founder of and lead counsel at Brightstar Law Group, a law firm specializing in providing RIA compliance consulting and corporate law services to wealth managers, financial planners, family offices and private fund sponsors.
Before launching his practice, Chen spent many years at several preeminent law firms in New York including Simpson Thacher & Bartlett; K&L Gates; Schulte Roth & Zabel; and Arnold & Porter.
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.
