Executive Order to Suspend Payroll Taxes

Update: Executive Order to Suspend Payroll Taxes

President Trump signed several executive orders on Saturday, August 8. One of these orders allows for the suspension of Social Security tax collection for individuals making less than $4,000 on a bi-weekly basis, and is effective September 1 through December 31, 2020. On August 28, the IRS provided guidance to employers on how to apply the memo in respect to the applicable wages and due date of deferred social security taxes via Notice 2020-65.

Here's what this could mean for you:  

  • Employers may defer the employee share of Social Security Tax on any wages normally subject to Social Security up to an amount of $4,000 in compensation paid bi-weekly or equivalent with respect to other pay periods.
  • The limit of $4,000 should be applied on a per pay period basis without regards to amounts paid in other pay periods.
  • The deferred amounts must be withheld from employees during the period of January 1 through April 30, 2021 and remitted to the IRS before May 1, 2021. If necessary, employers may make arrangements to collect the total applicable taxes from the employee in the event payroll withholding is not available.

It is important to note that Congress could choose to waive these payments. This would require legislative action; until that occurs, taxpayers should be prepared to remit these funds to the IRS next year.

 

Please review with your Payroll provider/CPA for further guidance.