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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Jill Eubank of Randstad USA

Jill Eubank is executive vice president, business professionals for finance and accounting, at Randstad USA.

Anderas Schindler

Andreas Schindler is the founder and CEO of dnl.ai, an AI audit technology company he spun out of the Technische Universität Berlin in 2019, incubated at the university's Centre for Entrepreneurship. He has spent the last eight years building AI systems for the people who audit financial statements — software that structures audit procedures, validates figures, and ties documentation back to its supporting evidence. Today dnl.ai serves more than 130 accounting firms and 15,000 auditors, including teams at KPMG, BDO and RSM, and the platform has supported more than 60,000 audits. It is ISO 27001 certified and hosted in the EU and Australia. Schindler writes and speaks on how audit standards should account for AI-assisted evidence. He holds a Master of Science in Finance & Accounting and a Bachelor of Laws in business law (Wirtschaftsrecht), both from FOM Hochschule für Oekonomie & Management.

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.