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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Ed McFadden is the senior vice president for communications at the American Financial Services Association.

Kara Clark

Kara Clark, FSA, is a Senior Research Actuary at the Society of Actuaries Research Institute, focusing on mortality and longevity and their implications for the life insurance industry.
She brings over three decades of actuarial and leadership experience across consulting, industry, and professional organizations. Most recently, she was a Partner at Oliver Wyman, advising on risk modeling, value-based care, and health strategy, informing her perspective on healthcare drivers of mortality.

Her work emphasizes practical, research-based insights for actuaries and industry leaders. She holds an MBA from Northwestern University and a BA in Economics from the University of Illinois Urbana-Champaign.

Maik Taro Wehmeyer
Maik Taro Wehmeyer

Maik Taro Wehmeyer is the co-founder and CEO of Taktile, the leading AI decision platform built to empower financial institutions to make faster, more accurate decisions in risk 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.
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.