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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Caleb Jenkins began his career at RLJ Financial Services and leads the outsourced tax planning & business accounting services team. He has been recognized as a Top Up-N-Comer ProAdvisor and Top 40 Under 40 in the accounting profession, and serves on numerous councils including the Intuit ProConnect Customer Tax Council and the ADP Accountants Advisory Board. Reach him via email at caleb@rljfinancial.com

Stephen W. Hall currently serves as the legal director and securities specialist for Better Markets. He joined Better Markets in January of 2011, bringing extensive experience in securities and commodities regulation acquired through positions in the federal government, private practice and the nonprofit sector.

In addition to overseeing legal activities, including litigation matters and amicus briefs on behalf of Better Markets, he is heavily involved in the preparation of regulatory analysis, comment letters on proposed rules, and special reports on topics related to financial regulation and enforcement.

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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.