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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Bill Curtis, CPA, is partner-in-charge of the Birmingham office of Mauldin & Jenkins CPAs & Advisors and leads the firm’s efforts in Alabama. He joined Mauldin & Jenkins in 2004, after working for AmSouth Bank and Cade and Associates. He has over 15 years of auditing and consulting experience. As a partner in the firm’s Financial Institutions practice, Curtis specializes in opinion audits and tax services for private as well as SEC registered companies, internal control opinion audits, and internal audits, and benefit plan audits. In addition to serving his financial institution clients, Curtis is responsible for auditing numerous 401(k) and employee stock ownership plans (ESOPs). He serves on the firm’s Leadership and Career Development Committee and LEAP Conference Committee. Curtis is a CPA in the states of Alabama and Georgia. He is a member of the American Institute of CPAs, the Alabama Society of CPAs, the Georgia Society of CPAs, Birmingham Young CPAs, Alabama Banking School faculty, and he serves on the board of directors for Community Kitchens of Birmingham.

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.