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.
Melany B. Atkins, MD, is a diagnostic radiologist with the Fairfax (Va.) Radiological Consultants.
Jamie Overberg, a partner at TaxOps Minimization, has been executing and managing all aspects of R&D credits for over 20 years at companies. She links nexus to qualified expenses by business component or project accounting. She can be reached at joverberg@taxops.com.
Larry Sher is a partner in the New York office of October Three. He has been a pension actuary for over 35 years, specializing in cash balance and other innovative retirement plans. Larry is a highly sought after expert and advisor and, in August 2014, was appointed to the New Jersey Pension and Health Benefits Commission by Governor Chris Christie. Larry is a Fellow of the Society of Actuaries (FSA), a Fellow of the Conference of Consulting Actuaries (FCA), a Member of the American Academy of Actuaries (MAAA) and an Enrolled Actuary (EA). He has been a Board Member and Vice-Chair of the Actuarial Standards Board, the group that establishes actuarial standards of practice for all US actuaries. Larry has also been on the Boards of the American Academy of Actuaries and the Conference of Consulting Actuaries, and was recently President of the Conference.
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
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.
