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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Dominic Frederico is President and Chief Executive Officer of Assured Guaranty Ltd., a position he has held since December 2003. During his tenure, Assured Guaranty became the leading provider of municipal bond insurance and financial guarantees. Assured Guaranty completed its initial public offering in 2004 under his leadership, and, in 2009, acquired the financial guaranty insurance company now named Assured Guaranty Municipal, thereby merging the only two monoline insurers to continue writing policies before, during and after the Great Recession.Mr. Frederico has supervised the operations of Assured Guaranty since its acquisition in 1999 by ACE Limited, where he was Vice Chairman, and also served as Chairman of ACE Financial Services, ACE INA and ACE USA. He worked at ACE for nine years prior to his post at Assured Guaranty, progressing to increasingly senior positions, including: President & CEO, ACE Bermuda; Chairman, President & CEO, ACE INA Holdings; and President & Chief Operating Officer, ACE Limited. He oversaw the successful acquisition and integration of the domestic and international property casualty operations acquired by ACE from CIGNA Corporation in July 1999 and the acquisition of Capital Re Corp., the predecessor company to Assured Guaranty, in December 1999.Prior to joining ACE, Mr. Frederico spent 13 years working for various subsidiaries of the American International Group.Mr. Frederico holds an M.B.A. in Finance and a B.S. from Drexel University, as well as a Certified Public Accountant�s designation in the State of Pennsylvania. In addition to his professional responsibilities, he is a member of the American Institute of Certified Public Accountants and the Pennsylvania Institute of Certified Public Accountants.�

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Christine has significant experience serving as bond counsel, disclosure counsel and underwriter�s counsel on financings, including general obligation bonds and revenue bonds for transportation, water, sewer, power and tax increment projects. Her practice focuses on public finance transactions for state agencies, counties, cities, urban renewal agencies, school and special districts, and tribal governments. Her experience also includes conduit 501(c)(3) financings, full faith and credit or limited tax obligations, private bank placements, and shortterm obligations, including notes and lines of credit.

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Robert Feyer is a Senior Counsel in the Public Finance Department of Orrick, Herrington & Sutcliffe LLP�s San Francisco office, with more than 37 years of experience representing issuers and underwriters of municipal bonds.� For most of this time Mr. Feyer has been the senior bond and disclosure counsel for the State of California, the largest issuer of municipal debt in the U.S.� Mr. Feyer is a frequent panelist on municipal finance and disclosure matters, including the Bond Buyer�s recent Webinar on the SEC Municipalities Continuing Disclosure Cooperation initiative.� Mr. Feyer is a member of the National Association of Bond Lawyers (Securities Law Committee) and the American College of Bond Counsel.

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.