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Level 5
August 26, 2020
Question

Deferral of (payroll) taxes

  • August 26, 2020
  • 4 replies
  • 16 views

Although not entirely having anything to do with income tax, does anyone know the official status of the signing of the Memorandum by President Trump that defers certain payroll tax obligations from 9/1 - 12/31/20.  Is it going to actually be allowed and what is the protocol as of today??

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4 replies

Level 15
August 26, 2020
IRonMaN
Level 15
August 26, 2020

Just curious - did you post twice or is the system having a case of the hiccups?

Slava Ukraini!
11BusterAuthor
Level 5
August 26, 2020

I posted in the COVID community also as nobody seems to know the current status, although they know what the issue involves.

IRonMaN
Level 15
August 26, 2020

It's in limbo.

Slava Ukraini!
BobKamman
Level 15
August 26, 2020

The U.S. Treasury Department still has yet to tell companies how to handle President Trump’s order delaying the due date for employee payroll taxes, leaving major employers such as Walmart Inc. in the lurch.

It’s been two weeks since Trump issued his directive deferring the deadline to pay worker’s portions of Social Security taxes from Sept. 1 to the end of the year. But employers, which are responsible for submitting those payments to the Internal Revenue Service, are waiting to hear from the agency on how any tax bill would be handled when it comes due later.

https://www.latimes.com/business/story/2020-08-25/trump-payroll-tax-deferral-irs-guidance

sjrcpa
Level 15
August 27, 2020

Leaving nonmajor employers in the lurch, too.

The more I know the more I don’t know.
11BusterAuthor
Level 5
August 31, 2020

So it would appear to me, per IRS Notice 2020-65 reading, employers ARE required to defer withholding (and payment thereof) of employee portion of OASDI if wages paid between September 1 - December 31, 2020, are under the applicable wage limit.  Employers/employees have no choice.  Is that everyone is reading?

qbteachmt
Level 15
August 31, 2020

"So it would appear to me, per IRS Notice 2020-65 reading, employers ARE required to defer withholding (and payment thereof) of employee portion of OASDI if wages paid between September 1 - December 31, 2020, are under the applicable wage limit. Employers/employees have no choice. Is that everyone is reading?"

Nope.

It states only that the Employer is considered the affected taxpayer, and the deferral has to be computed on specific wage limits and repaid by a specific timeframe, and how it can be collected is specifically not stated.

Employers apparently have the choice to participate or not.

And it doesn't address the Employer share; yet, they are identified as the affected taxpayer.

It's still a big mess.

Employees get to do what that employer had decided to do, based on what qualifies.

Don't yell at us; we're volunteers
BobKamman
Level 15
September 1, 2020

@qbteachmt And it doesn't address the Employer share

The employer share (the 6.2%, not the 1.45%)  was already deferred the way it has to be done, by legislation.  See Section 2302 of the CARES Act.