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.

CORONAVIRUS IMPACT: ADDITIONAL COVERAGE

Martin Kleinbard is the founder of Granular Fintech LLC, which advises fintech lenders and vendors on processes and strategies. He previously helped stand up new consumer credit products and teams at American Express and Bread Finance (acquired by Alliance Data Systems in 2020) before leading the CFPB's market research in fintech topics such as BNPL and solar financing.

Headshot of Astrid Malval-Beharry

Astrid Malval-Beharry is the Founder and President of StratMaven, a boutique strategy consulting and M&A advisory firm specializing in the intersection of P&C Insurance and Technology. With over 20 years of experience in growth strategy and M&A, she partners with insurance providers, solution vendors, and private equity firms to drive innovation and value creation in the InsurTech sector.

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

Advertisement
irs-headquarters-american-eagle-sign.jpg
IRS headquarters in Washington, D.C.
Andrew Harrer/Bloomberg

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.