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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Andrew Wynn

Andrew is the co-founder and co-CEO of Ascend, a modern, all-in-one payments solution purpose-built for insurance with offices in California and New York. Before Andrew's career in insurance, Andrew was an employee at Instacart, where he met colleague and future co-founder Praveen Chekuri. Prior to founding Ascend, Andrew and Praveen co-founded Sheltr, which was acquired by Hippo Insurance in 2019.

Kedar Kamalapurkar is Managing director and a leader in the insurance sector claims practice at Deloitte Consulting LLP. He has nearly 15 years of experience in claims operations, including as a claims adjuster. He has led claims transformations from strategy to execution for many of the major insurance carriers in the United States and Europe. Kedar also holds insurance industry professional designations from CPCU, AIC, API, and AINS.

Michael Cline is Managing Director and Insurance Sector Claims Leader at Deloitte Consulting LLP. He has over 28 years of experience in claims operations and technology at insurance companies and the consulting field. He also has insurance industry professional designations from the Insurance Institute of America; CPCU, AIC, API, AIS and AINS. Michael holds an insurance property & casualty adjusters license in the State of Nevada and is an active member of the Insurance Institutes National Claims Interest Group committee.

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.