Payroll tax relief may be available to businesses through credits and deferrals; eligibility varies according to laws that change from year-to-year.
As an example, the 2020 Family First Coronavirus Response Act established a refundable Employee Retention Credit (ERC), which provides dollar-for-dollar reimbursement against payroll taxes paid. The CARES Act extended this credit until 2021.
Deferrals
As we know, a Presidential Memorandum authorized employers to temporarily waive withholding of 6.2% Social Security tax from employees’ paychecks for September through December 2020. While this deferral put more money in workers’ pockets during this trying time, it wasn’t a permanent solution – amounts withheld remain due by January 2021 and should be paid off by December 31, 2022 (similarly deferral of income taxes works).
IRS guidance clarifies that deferred payroll taxes must be repaid in one installment by January 2021. Therefore, it’s critical that you plan accordingly and collaborate closely with your Plante Moran advisor and/or payroll provider in order to maximize these valuable savings.
If you file on an accrual basis, be aware that the CARES Act’s payroll tax deferral should be reported on Form 941 (Employer’s Quarterly Federal Tax Return) in the year that it occurs. However, if you use Recurring Item Exception and have not elected it yet as your method of accounting for payroll taxes yet, filing a change in accounting method by Sept 15 2021 could allow you to take advantage of this deferral – this could especially benefit taxpayers with losses in 2020 that will carry back and higher tax rates in future years.
Due to the various COVID-19 relief programs that are available, it’s vital that businesses examine their current situation and implement necessary adjustments as soon as possible. Our advisors are here to help you take full advantage of these valuable opportunities; please reach out and discuss your specific circumstances with them – they can even assist with filing any necessary forms to claim these savings! We strive to help businesses achieve results even during times when circumstances may seem challenging – contact them now so they can get you what you need!
Credits
As part of its efforts to keep employees working during the COVID-19 pandemic, Congress passed several laws. These included the CARES Act and Families First Coronavirus Response Act which established paid sick and family leave credits and payroll tax deferrals – applicable only for businesses experiencing either partial or total government shutdown, or significant decline in gross receipts. GAO data shows that, by 2020, total utilization of employee retention credits (ERCs) and paid sick leave credits (PFLLs) totaled approximately $20.7 billion.
The ERC is a refundable credit offered by the IRS that allows employers to reduce subsequent quarterly employment tax deposits or claim an advance refund when filing IRS Form 941 after 4th Quarter 2021. Calculating and reporting this credit, however, can be complex due to numerous tax laws involved and changes that business owners need to make on other returns they file; its impact can also cascade down to both individual income taxes as well as business income taxes; making ERC an essential component in overall tax compliance.
Businesses should carefully examine their payroll records in order to identify eligible employees and wages eligible for ERC credits, and calculate them at various frequencies – such as pay periods – then compare this figure against employer Social Security tax deposits reported quarterly by IRS Form 941. If their ERC exceeds these deposit amounts, businesses can reduce future federal employment tax deposits or request an advance payment by filing IRS Form 7200 Advance Payment of Employer Credits Due to COVID-19 Pandemic.
As with PPP loan forgiveness, the calculation of this credit can be complex and will differ depending on the law at the time qualifying wages were paid; for instance, under ERC rules qualifying wages must have been either paid or incurred prior to the end of quarter for which claim is being submitted; additionally it could also depend on whether your business qualified under PPP loans.
Refunds
Payroll tax credits help businesses reduce the payroll taxes they owe. Tax credits may be available in response to business expenses itemized on IRS Schedule C or for carrying forward non-refundable payroll deductions from previous years – both are deductions that reduce gross income subject to federal and state taxes; as a result, tax credits provide businesses looking to reduce their tax burden an invaluable way out.
The Employee Retention Credit, or ERC, is one of the most promising payroll tax relief programs for businesses and nonprofit organizations to come along in recent history. Based on payroll taxes paid by eligible businesses, this refundable credit provides thousands or even millions in refunds back to eligible firms.
For eligibility in the ERC, businesses must have experienced a qualifying disruption during the COVID-19 pandemic, such as closure orders or gross receipts declining by more than 20 percent during a single quarter. Employers that did not take out PPP loans also qualify. In 2021, maximum credits per qualified employee will total $28,000.
Congress also passed other payroll tax relief programs during the pandemic, in addition to the ERC. These allow employers to defer depositing and paying employer’s share of social security taxes between March 27, 2020 and December 31, 2021, but must be settled either on December 31 2021 for 50 percent, or December 31 2022 for remaining 50 percent.
Calculating deferrals and credits can be complex. Employers need a third-party payroll provider who can help identify and calculate these amounts accurately; some will even perform them without needing input from your business; however, for some programs eligibility must be verified using various data or financial information that needs to be reviewed and verified first before any calculations take place. Once calculated amounts have been reflected on Form 941 quarterly returns can be reconciled against amounts due.
Tax Planning
Payroll taxes are an ongoing cost for businesses. Most payroll taxes are collected when employees receive paychecks and calculated based on their income level and withholding allowances as noted on Form W-4. Each employee can choose different withholding allowances to lower or eliminate taxes altogether; also, tax law has wage brackets which increase withholding tax amounts as income increases.
Employers need to keep in mind the total tax liability when deciding how much tax withhold from each employee’s wages should be withheld from them, using IRS withholding tables as a reference point to calculate an appropriate withholding tax amount deducted from every paycheck depending on an employee’s income and exemptions.
If a taxpayer does not have any taxable income, withholding amounts can be reduced to zero on Form W-4 in order to lower his or her taxes paid while possibly leaving them with negative cash flow for extended periods of time. Because of this risk, it is crucial that review withholding for all new hires as well as those who may have seen their earnings change during the year.
As an alternative to withholding, some states require employers to collect and remit State Unemployment Insurance (SUI) payroll taxes from employees as an alternative form of withholding. SUI taxes fund each state’s unemployment compensation program; each employer receives an experience-rating which determines their rate for paying SUI; rates may also depend upon employee turnover rate or involuntary separation, so effective tax planning for employers that pay SUI tax must take place.
Employers can take advantage of several payroll tax relief programs during the COVID-19 pandemic, such as reduced payroll tax deposit deductions and early refunds. To utilize these programs, an employer should calculate its payroll tax credits for a period and compare them against scheduled deposits due for federal employment taxes; if credits surpass scheduled deposits then an employer can seek refunds by filing Form 941-X Adjusted Employer’s Quarterly Federal Employment Tax Return or Claim for Refund.