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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Carla McCall, CPA, CGMA, is managing partner of AAFCPAs, a 240-person CPA and consulting firm based in New England. She was named one of 2020’s "Most Powerful Women in the Accounting Profession" by the American Institute of CPAs, and was also honored as part of Accounting Today’s Managing Partner Elite List.

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Patrick Morrell is the cofounder and chief revenue officer at Anduin, an AI-based billing platform. A veteran sales and marketing leader and technology company founder, he began his career in sales at CEB (now Gartner). He then joined Three Ships, where he led content development and later business development, and then joined Skookum (now Method) where he led inside sales and strategic partnerships as the company scaled (later acquired by GlobalLogic). Sealed Air Corporation then recruited him to build and manage the enterprise's first inside sales team and manage a nine-figure portfolio of commodity products. Morrell then founded and eventually sold a direct-to-consumer ecommerce business, and then cofounded Digitize.AI, a fintech company focused on the health care industry, where he ran sales and marketing. After exiting Digitize.AI (acquired by Waystar), he cofounded Anduin. An avid runner, reader, and basketball fan, he lives in North Carolina with his wife Clay and two children.

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.