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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Baruch Lev is the Philip Bardes Professor of Accounting and Finance at New York University Stern School of Business, where he teaches courses in accounting, financial analysis and investor relations. Professor Lev has been with NYU over 20 years. His primary research areas of interest include financial statement and investment analyses; intangible assets/intellectual capital; management and valuation; capital markets; and mergers and acquisitions. He is the author of six books including "Intangibles: Management, Measurement, and Reporting," "Winning Investors Over" and, most recently, "The End of Accounting and the Path Forward for Investors and Managers." Lev has published over 120 research studies in the leading accounting, finance and economic journals and received numerous awards and honorary doctorates. Before joining NYU, he held academic positions at the University of Chicago, the Hebrew University of Jerusalem, Tel Aviv University, where he was dean of the business school, and University of California at Berkeley (jointly appointed by the business and law schools). Lev's practical experience includes auditing, and investment banking. He was also a partner for over 15 years in a consulting firm.

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Tara Pendleton is assurance director and audit quality director at BDO USA.

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.