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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Angie Villamaria is the director of solution consulting for Welltok, where she works with clients to understand their objectives and align solutions that optimize consumer health by connecting them to the right programs and resources in a personalized way. Angie has over 25 years of experience working in the public health, benefits, employee wellbeing, health plan design and healthcare delivery sectors.

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Ines Polonius is CEO of Communities Unlimited Inc., a CDFI and not-for-profit organization driving community economic development through the building of entrepreneurial ecosystems, direct assistance and capital to micro-enterprises, small businesses and infrastructure improvements in persistently poor rural places across Arkansas, Texas, Oklahoma, Louisiana, Mississippi, Alabama and Tennessee. In 1998, Polonius founded alt.Consulting and became its executive director in 2003.alt.Consulting was dedicated to starting, growing, transitioning and turning around micro-enterprises and small businesses in the Arkansas Delta until a successful merger with Community Resource Group in 2014 formed Communities Unlimited Inc.

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Chrystel Cornelius is the executive director of First Nations Oweesta Corp., a National Native CDFI intermediary lender servicing the Native CDFI industry for the last 20 years. Cornelius has over 20 years’ experience working in Native and rural communities focusing on capitalization structures and community development projects.

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.