09/01/2020
Information regarding the payroll tax "holiday"
As many of you have undoubtedly heard in the news, On August 8, President Trump signed an Executive Order authorizing a "payroll tax holiday" starting September 1, 2020 through December 31, 2020. On Friday, August 28th, the IRS released guidance on this Executive Order for employers. This memo is to clarify the actual mechanics of the Executive Order.
1. THIS IS A TAX DEFERMENT, NOT A HOLIDAY - As of today, 8/31/2020, all amounts not paid by the employees between September 1, 2020 & December 31, 2020 must be repaid between January 1, 2021 & April 30, 2021. Any amounts not paid in full are subject to penalties & interest beginning May 1, 2021 (the Employee’s responsibility)
2. THE DEFERMENT IS THE EMPLOYEES' PORTION OF SOCIAL SECURITY - The deferment is for the amount of the employees' withholding of social security taxes - 6.2% on all checks dated 9/1/20-12/31/20, if the employee elects to have the taxes deferred. The employer is still subject to their 6.2% on all wages earned during this period. Please see the example below as to the effect this will have on an employee’s paycheck.
3. Employees who earn more than $2000 per week or $104,000 annually are not eligible for the deferment. (Biweekly= $4000, Semi-Monthly=$4333, Monthly=$8667)
4. The Executive Order states the deferral shall be made available to any employee (who makes less than the threshold amount noted in 3 above). It is not mandatory for any or all employees and as such is an individual decision for each employee.
5. Many media outlets have reported that the Executive Order was for a “payroll tax holiday” including Federal Income Tax, this is incorrect. The Executive Order specifies the tax imposed under 26 U.S.C. 3101(a), which is only the OASDI or Social Security Tax Amount.
6. The order also directs the Secretary of the Treasury to explore avenues, including legislation to eliminate the repayment of the deferred taxes. It is our opinion that this will require legislation by the House & the Senate, as well as the President.
7. Record-keeping for any employee who elects to participate in the deferment will need to be done. Although software companies are working to make these changes as quickly as possible, many software platforms may not have the capability in place by 9/1/20. This will require more record-keeping by your payroll departments and/or payroll provider and may increase fees.
Example: If you have bi-weekly payroll and an employee earns $1000 - $62 is their normal social security taxes that are withheld. This $62 can be deferred until January 2021, when they will have to repay the $62 that was deferred, plus the $62 for their current withholding. Effectively paychecks would increase by 6.2% of gross pay temporarily, but then the deferment amount must be paid back. Also note that this example is assuming that the employee’s gross income will stay the same. There are many possible complex situations when considering the following items: Bonuses, Pay Increase, Tipped Employees, or Reduction in Hours, etc.
Link to Executive Order:
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