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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Ennie Lim is the CEO and co-founder of HoneyBee, a Certified Benefit Corporation with a mission to re-imagine financial health support in the workplace. HoneyBee’s holistic financial wellness platform provides employees with on-demand financial education and access to emergency funds for life’s unexpected expenses.

She currently sits on the governing board of the NCHRA, one of the nation's largest HR associations representing over 30,000 HR professionals.

Eric Kim is a director in Fitch Ratings higher education and non-profit institutions group. Eric joined Fitch in March 2007, and he works on credit analysis for new bond offerings, as well as surveillance of existing ratings in a variety of sectors including higher education & non-profits, tax-backed, water and sewer, healthcare, and public power. Eric was previously chief of staff for the first deputy commissioner at the New York City (NYC) Taxi and Limousine Commission for two and a half years. He also worked as a project manager at the Lower Manhattan Borough Commissioner’s Office in the NYC Department of Transportation (DOT). Eric began his career as a NYC Urban Fellow, providing research and analytical support in the commissioner’s office at the DOT. Eric earned a BA from Brown University and an MPA with a public finance specialization from the Wagner School of Public Service at New York University.

Managing Director, Moody's

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.