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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Quyen Truong, partner, Stroock & Stroock

Quyen Truong is a partner at Stroock & Stroock & Lavan LLP, with decades of expertise in consumer protection, privacy and digital innovation. She's previously held senior roles at the CFPB (assistant director and deputy general counsel), the FDIC, a deputy at the FSOC and a FCC's associate bureau chief. Truong helps organizations confronting a rapidly evolving environment interpret, influence and comply with the law, through all phases of federal and state regulation, supervision and enforcement.

Citigroup CEO Michael Corbat.

Michael Corbat is the CEO at Citigroup.

Rep. Denver Riggleman is a freshman Congressman representing the 5th District of Virginia who serves on the House Financial Services Committee.

Rep. Denver Riggleman is a freshman congressman representing the 5th District of Virginia who serves on the House Financial Services Committee. He is a former CEO of a Department of Defense contracting company and the co-owner of Silverback Distillery in Afton, Va.

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.