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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Mark Corcoran is CFA, OCIO at tru Independence

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Charles Maniace is vice president of regulatory analysis and design at Sovos, a global provider of software that safeguards businesses from the burden and risk of modern tax. An attorney by trade, he leads a team of attorneys and tax professionals responsible for all the tax and regulatory content that keeps Sovos customers compliant. Over his 15-year career in tax and regulatory automation, he has provided analysis to The Wall Street Journal, NBC and other outlets.

Désirée is Ginger’s Chief People Officer. Prior to Ginger, she was CPO at Carrot, where she built and led the company’s human resources function across the employee lifecycle. Prior to this, she led human resources functions at The Permanente Medical Group in San Francisco and BaroSense, a medical device company. Informed by human-centered design principles and data-driven inquiry, Désirée is committed to curating joyful and resilient workplace cultures where employees are empowered to do their best work. Born and raised in Europe, Désirée speaks three languages fluently, and she draws on her culturally diverse background to champion diversity, equity, and inclusion. She is trained in economics and legal studies, and holds a BA in Humanities and a master's degree in Clinical Psychology both from the California Institute of Integral Studies in San Francisco.

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.