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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Larry Mohr, CPA, MBT, is a tax principal with Baker Tilly's not-for-profit practice. He has 35 years of experience providing tax-related services for not-for-profit organizations.

Amit Ranjan

Amit Ranjan is Executive Vice President, Global Head of Data and Risk Analytics at Xceedance, a global consulting, technology, and operations leader for insurance organizations. With 25 years of diverse experience, he oversees catastrophe modeling, actuarial and data insight services. He specializes in leveraging advanced modeling techniques, statistical analysis, and data-driven strategies to optimize underwriting, pricing, and portfolio management.

David Klasing

David Klasing is a dual-certified tax attorney and CPA, and founder of the Tax Law Offices of David W. Klasing, P.C. He has earned dual California licenses that enable him to simultaneously practice as an attorney and as a CPA in the practice areas of taxation, estate planning and business law. He provides businesses and individuals with tax representation, planning and compliance services, and criminal tax representation. He has more than 20 years of professional tax, accounting and business consulting experience, coupled with extensive knowledge about federal and state tax codes, regulations and case law.

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.