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COVID-19: Presidential Order Deferring

Individual Payroll Taxes



August   24, 2020

On August 8, 2020, President Trump issued a presidentialmemorandum ordering the deferral of
individual payroll tax obligations from September 1, 2020, through December 31, 2020. The deferral is
for employees with biweekly compensation of generally less than $4,000. The memorandum directs the
Secretary of the Treasury to issue guidance to implement this policy.
This Insight discusses the individual payroll tax deferral outlined in the memorandum, compares this
order to the business payroll tax deferral provided in the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act, P.L. 116-136), and addresses questions related to the effect of the deferral on the Social
Security trust funds.


What individual payroll taxes are affected by the order?

The presidential memorandum orders deferred collection and payments of the employee portion of the
Old Age, Survivors, and Disability Insurance (OASDI) payroll tax, also known as the Social Security
payroll tax. The Social Security trust funds are financed by a 12.4% payroll tax on wages up to the
taxable earnings base ($ 137,700 in 2020). The tax is split equally between employers and employees,
with each paying 6.2%. Self-employed individuals pay both the employer and the employee share, or
12.4%. The deferral is applicable to employees with less than $4,000 in wages during the biweekly pay
period (or equivalent amounts with respect to other pay periods). The deferral applies to the railroad
retirement tax attributable to the individual Social Security tax. The memorandum does not specify
whether the deferral applies to self-employed individuals.


How does the order affect payroll tax collections?

Employers collect the employee portion of the tax by deducting the tax from wages when wages are paid.
Employers typically deposit payroll taxes with the Internal Revenue Service (IRS) semiweekly or
monthly, and report employment taxes paid on quarterly federal tax returns filed no later than 30 days
after the end of the calendar quarter. Some employers with small payrolls may file annually. Decisions


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