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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Kristen A. Gray is EY Americas sustainability tax leader. She has nearly 20 years of experience helping multinational companies address complex tax issues, including transactions and strategic planning, controversy and global compliance and reporting matters. She provides strategic counsel to clients around the intersection of tax and environmental, social and governance matters. Prior to her current role, she served as a partner in the national tax accounting and risk advisory services practice, focusing on life sciences, technology and media clients.

Jim Davis, Geotab

Jim Davis is vice president of insurance at Geotab, where he leads insurance, risk management, insurtech programs and business development. His 30-year career includes commercial P&C insurance company, brokerage and captive program management. At the forefront of video telematics, his experience and wide range of knowledge also includes driver safety, scoring and learning management systems.

Ben Malka joined Cota in 2019 as a Partner on the investment team, where he is focused on sourcing, evaluating, executing, and governance of venture investments. Prior to Cota, Ben was a General Partner at F-Prime Capital, a San Francisco-based financial technology and enterprise IT-focused venture capital fund. At F-Prime, he served as lead partner for a number of investments.

Since 1999, Ben has also served as a General Partner at North Hill Ventures, a financial technology focused venture capital fund. Previously, Ben was with The Boston Consulting Group, where he was the Project Lead for a number of clients across strategy development, acquisition strategy, new product evaluation, and operations improvement. He began his career at Bank of America as a Statistical Analyst.

Ben received a Bachelor of Arts in Economics and Political Science from Stanford University and a MBA from the University of Chicago.

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.