Tuesday, September 1, 2020

No change in payroll tax

9/1/20

On August 8, President Trump signed a Presidential Memorandum that permits the deferral of the employee portion of Social Security taxes for employees from September 1, 2020 to December 31, 2020. (This is the 6.2% deducted from salaries for Social Security.) There has been a month of uncertainty about this action because there was a suggestion that taxes might be waived at some point rather than deferred.  It was also unclear what would happen if an employee left employment prior to repaying the deferred amounts.  Employers, including FCPL, have been waiting for clarification. 

On August 28, the IRS issued brief guidance, which indicates that the deferred taxes would be withheld and remitted between January 1, 2021 and April 30, 2021.  In short, employees would pay 0% (instead of 6.2%) from September – December 2020, but would pay 12.4% from January – April 2021, returning to 6.2% in May 2021.  It is still not clear how a separating employee would repay the deferred taxes, but it is clear that interest and penalties for the employer would begin to accrue in May 2021 if any taxes remained unpaid.

Employer participation in this deferral is voluntary and I have decided that FCPL will not participate.  Based on the current information available, there is no long-term benefit to employees.  This is a deferral of the payroll tax, not a suspension.  If FCPL deferred payroll taxes, employees would see a 4-month increase in take-home pay, followed by a 4-month significant decrease in take-home pay, as the regular Social Security deduction would be doubled to repay the deferred amount.  Instead, FCPL will continue to withhold and remit the 6.2% Social Security payroll tax as usual, ensuring that employees’ pay remains stable.

If you have any questions, please let me know.

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