Reviewed by Ebony Howard
Fact checked by Michael Rosenston
President Donald Trump signed the Executive Order “Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster” during his first term on Aug. 8, 2020. The order allowed employers to defer the employee portion of Social Security payroll taxes for certain individuals in the final four months of 2020. The intention behind the order was to provide additional relief for employees working through the coronavirus pandemic.
The Internal Revenue Service (IRS) issued Notice 2020-65 on Aug. 28, 2020 which provided additional guidance for employers on the implementation of the Executive Order.
According to the Presidential Memorandum, Trump directed “the Secretary of the Treasury to use his authority to defer certain payroll tax obligations with respect to the American workers most in need. This modest, targeted action will put money directly in the pockets of American workers and generate additional incentives for work and employment, right when the money is needed most.”
Key Takeaways
- President Trump’s payroll tax Executive Order allowed employers to defer the employee portion of Social Security taxes for certain individuals in the last four months of 2020.
- The action was taken to forestall hardship during the COVID-19 pandemic.
- The order applied only to the employee portion of Social Security payroll taxes.
- The postponed taxes were those that would have been payable from Sept. 1 through Dec. 31, 2020.
- They had to be paid in 2021, however.
Who Was Covered?
“The deferral shall be made available with respect to any employee the amount of whose wages or compensation, as applicable, payable during any bi-weekly pay period generally is less than $4,000, calculated on a pre-tax basis, or the equivalent amount with respect to other pay periods,” according to the Presidential Memorandum. This equated to an approximate $104,000-a-year salary: $4,000 biweekly * 26 pay periods per year.
IRS Notice 2020-65 further clarified that the determination of total wages was made on a pay-period-by-pay-period basis. This may have disqualified the same employee in certain pay periods based on overtime wages or other bonus pay. The $4,000 threshold was also recalculated as an “equivalent amount with respect to other pay periods” if an employer paid wages on a basis other than biweekly.
Which Taxes Were Deferred?
The Executive Order applied only to the employee portion of Social Security payroll taxes (6.2%).
Employee Medicare payroll taxes (1.45%), employer Medicare payroll taxes, (1.45%) and the employer portion of Social Security payroll taxes (6.2%) weren’t included in the Executive Order. The deferral didn’t apply to the parallel Social Security taxes owed by self-employed individuals via self-employment taxes.
When Was the Effective Date?
The employee portion of Social Security payroll taxes on wages that were paid from Sept. 1 through Dec. 31, 2020 were allowed to be deferred without incurring any penalties, interest, additional amounts, or addition to the tax. Employers who deferred these taxes wouldn’t withhold the funds or pay the taxes to the IRS as typically scheduled.
The deferred taxes were postponed until Jan. 1 to April 30, 2021. Interest, penalties, and additions to tax began “to accrue on May 1, 2021, with respect to any unpaid applicable taxes,” according to the supplemental detail in IRS Notice 2020-65.
Was It Optional or Mandatory?
This guidance was optional for private-sector employers and it was likely that the administrative costs would be a deterrent for many small businesses. It takes time to process changes in a payroll system and there was additional manual tracking required to ensure that specific situations were accounted for correctly.
The federal government, the United States’ largest employer, deferred employees’ portions of their Social Security taxes to provide immediate relief during the pandemic. There was no option to opt out for federal employees. The plan was to implement these deferrals as of the second pay period in September. This included all branches of the military as well as civilian jobs with the federal government.
Important
The Executive Order was written as a deferral. Payroll taxes that were deferred by an employer would be due at a future date.
The deferred taxes from September to December 2020 would be taken out in January through to April 2021, posing specific risks to anyone planning on or forced to change jobs during that time frame. Employer A might have deferred the employee portion of your Social Security taxes. You could run into some issues because the deferred taxes weren’t able to be withheld from your paychecks from January to April 2021 if you left your job in November 2020 and started another job with Employer B in January 2021.
Supplemental IRS Guidance
Notice 2020-65 providing supplemental IRS guidance was issued on Aug. 28, 2020. It was brief and it didn’t answer all the questions that business owners and tax professionals had about implementation.
One of the issues that wasn’t covered was how employers should collect deferred payroll taxes from employees who separated from the company before the end of April 2021 when deferred payroll taxes were to be fully recouped. IRS Notice 2020-65 stated that employers could make arrangements to otherwise collect the taxes from employees if necessary.
Criticism of the Executive Order
Critics of the Executive Order claimed that deferring certain payroll taxes did nothing to help those who were hardest hit by the coronavirus pandemic: individuals who had been furloughed, laid off, or were otherwise unemployed. These individuals didn’t pay payroll taxes so the deferral didn’t affect or benefit them.
The House Committee on Ways and Means stated that the Executive Order does not affect the Social Security Trust Funds, as the taxes are only deferred. The tax wasn’t eliminated so the brief deferral should have no impact on the Social Security Trust Fund.
How Are Social Security Taxes Normally Paid?
Employees and employers are each legally obligated to pay 6.2% of the employee’s wages to Social Security for a total of 12.4%. The employee’s share is withheld from their paychecks and the employer must forward the total of both shares to the government. Self-employed individuals must pay the entire 12.4% because they’re effectively their own employers.
This rate is not expected to change in 2025.
What Is the Social Security Trust Fund?
The U.S. Treasury holds two Social Security accounts, one for Social Security and one for disability insurance. Social Security taxes are placed into the appropriate account and current benefits to those collecting are paid from it. These payments don’t deplete the account or trust fund as long as Social Security taxes continue to be paid in by active workers. The unused balance is reserved for future beneficiaries.
How Much Did the Executive Order Save Workers Per Paycheck?
A worker with annual earnings of $50,000 would be paid approximately $961 per week before taxes were withheld from that income. The Social Security tax rate for the employee’s half is 6.2% so this would work out to almost $60 per paycheck, reducing their take-home pay to about $900 a week. President Trump’s Executive Order saved them this debit but only temporarily. The tax had to be paid later.
The Bottom Line
President Trump signed the “Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster” in August 2020 during his first term in office. The intention was to give American workers and employers a bit of a financial break while they were dealing with the fallout of the pandemic. They were permitted to postpone payment of their Social Security taxes from the last quarter of 2020 to the first quarter of 2021.
These taxes came due eventually, however, and it ultimately caused hardship for some.