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.
John B. Williams III is a partner in the Washington office of Buckley LLP. He provides enforcement and litigation counsel to financial services companies and individuals navigating internal investigations, government investigations, and complex civil litigation, with a particular emphasis on consumer finance matters and complex electronic discovery. He is focused on the compliance issues surrounding government-insured mortgages and other credit products.
Michael A. Rome is a partner in the Los Angeles office of Buckley LLP. He represents corporate and individual clients in a variety of litigation and government enforcement matters. His work includes complex commercial disputes related to mortgage-backed securities, indemnity disputes, and consumer class actions alleging unfair and deceptive trade practices.
Amanda R. Lawrence is a partner in the Washington office of Buckley LLP. She specializes in cybersecurity, privacy, information security and vendor risks. She also counsels clients on compliance with privacy and data-security laws and standards, as well as represents financial services clients in mortgage loan repurchase and indemnification claims related to residential mortgage-backed securities and consumer cases.
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.
