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GEOTUS Payroll Tax Holiday?

Posted on 8/11/20 at 11:19 am
Posted by PhilemonThomas
Member since Jan 2015
2942 posts
Posted on 8/11/20 at 11:19 am
Please help me understand this from the Baton Rouge Business Report.

quote:

Most notably: the order that defers the employee portion of payroll taxes for the rest of the year. That’s 6.2% for Social Security and 1.45% for Medicare for workers earning less than $100,000 a year. If workers forego the payroll tax, their incomes will increase. However, if their incomes increase, their tax liability could change, too—and that might affect how much employers should withhold from checks.

https://www.businessreport.com/newsletters/why-businesses-should-not-take-advantage-of-payroll-tax-holiday

This is nonsense, right?
If the government eliminates a tax your income is not increased but the money you are allowed to keep is increased. So the government cannot take more money from your wages for one reason because they didn't take money from your wages for another reason without creating a new reason. Right? It reads like they are talking like we are taxed based on wages before and after taxes. Am I naive to tax law or reading this wrong?
Posted by plaric
Pike Road, Alabama
Member since Jun 2011
2197 posts
Posted on 8/11/20 at 11:21 am to
NET income does increase
Posted by ProjectP2294
South St. Louis city
Member since May 2007
69976 posts
Posted on 8/11/20 at 11:22 am to
I guess they're saying you could inadvertently bump up to the next marginal tax bracket because you're not paying the payroll tax anymore.

I don't know if that's true or not. I would imagine someone familiar with the interplay of those taxes could chime in.
Posted by SSpaniel
Germantown
Member since Feb 2013
29658 posts
Posted on 8/11/20 at 11:23 am to
quote:

NET income does increase



But GROSS income doesn't... and income taxes are based on GROSS.

quote:

I don't know if that's true or not. I would imagine someone familiar with the interplay of those taxes could chime in.


There is no interplay of those taxes. Your SS/Medi tax doesn't reduce your taxable income for income tax purposes.
This post was edited on 8/11/20 at 11:24 am
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
59379 posts
Posted on 8/11/20 at 11:24 am to
That's stupid. You're taxed on your gross income, and that doesn't change.

Now, if your employer (who already figures that 7.4% amount as part of your compensation) decided to pay that amount DIRECTLY TO YOU, then you might nudge up to a different tax bracket.
Posted by PhilemonThomas
Member since Jan 2015
2942 posts
Posted on 8/11/20 at 11:25 am to
Right, but is your rate set by net or gross? How can you be taxed more for taking home more when your wage is static?
Posted by cave canem
pullarius dominus
Member since Oct 2012
12186 posts
Posted on 8/11/20 at 11:26 am to
quote:

But GROSS income doesn't... and income taxes are based on GROSS.


Been a bit since I was involved in this but I am pretty sure SS and Medicare is not taxed, I guess it is theoretically possible if they decide to forgive one or the other your income tax liability could go up but not more so than what was forgiven.
Posted by SSpaniel
Germantown
Member since Feb 2013
29658 posts
Posted on 8/11/20 at 11:26 am to
quote:

Now, if your employer (who already figures that 7.4% amount as part of your compensation) decided to pay that amount DIRECTLY TO YOU, then you might nudge up to a different tax bracket.


They wouldn't have a choice.

If your gross is $1,000, your ss/medicare tax is what... $76.50? If they "turn off" that deduction, then your net goes up. They don't get to not pay it to you.
Posted by Dixie Normus
Earth
Member since Sep 2013
2627 posts
Posted on 8/11/20 at 11:28 am to
Your income does not increase. That paragraph is flat wrong.
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
59379 posts
Posted on 8/11/20 at 11:32 am to
quote:

They wouldn't have a choice.

If your gross is $1,000, your ss/medicare tax is what... $76.50? If they "turn off" that deduction, then your net goes up. They don't get to not pay it to you.


Allow me to clarify:

The SS/FICA amount is approximately 15%, you pay half of that directly, and your employer pays the other half "for you."

For ease of example, you make $100k a year. Logic would say that $7500 of that comes out annually for the SS/FICA taxes. What Americans don't realize is that when your employer is calcuating how much it costs to pay you annually, they're figuring in that other half that they pay for you. On the books, you cost them $107,500. (At a minimum. The part of your healthcare insurance and other benefits get factored into your cost of employment, too).

In our example, you probably cost your employer $130k+ when you figure in everything that they provide on your behalf.

My original point is that you'd only be in danger of hitting another bracket if the company decided to pay you the other half of the SS/FICA taxes that they pay on your behalf that they've already budgeted. Technically, that's set aside for your compensation.
Posted by RonLaFlamme
Baton Rouge
Member since Nov 2016
1672 posts
Posted on 8/11/20 at 11:34 am to
Rate is set by your adjusted gross income. I don't have the calculation handy, but some taxes (not sure if all) are deducted from your gross as well as 401k contributions -- stuff like that, to get to your AGI.
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
59379 posts
Posted on 8/11/20 at 11:35 am to
All of this is a glaring example of how Americans have been seduced by the insidious evil that is withholding, the income tax, and "take home pay."

As shown in my example above, we'd all be making loads more if our employers paid us the entire amount of our compensation that it costs them to hire us, and the Treasury were funded by something much simpler like the National Retail Sales Tax as outlined in H.R. 25.
Posted by CptRusty
Basket of Deplorables
Member since Aug 2011
11740 posts
Posted on 8/11/20 at 11:36 am to
quote:

If workers forego the payroll tax, their incomes will increase. However, if their incomes increase, their tax liability could change, too


: thatsnothowanyofthisworks:
Posted by SSpaniel
Germantown
Member since Feb 2013
29658 posts
Posted on 8/11/20 at 11:38 am to
quote:

The SS/FICA amount is approximately 15%, you pay half of that directly, and your employer pays the other half "for you."


Is the whole thing deferred or just the employee portion? I could very well be mistaken, but I thought it was just the employee portion. If not, I see what you are saying.
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
59379 posts
Posted on 8/11/20 at 11:48 am to
The entire amount is deferred.

Smart employers will keep that money aside in an interest bearing account, on the possibility that the amount is not forgiven in 2021, but at the end of the day, it's still your money, and the employer has already written that amount off as part of the cost of keeping you on as an employee.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
36920 posts
Posted on 8/11/20 at 11:59 am to
What a horribly written article.

What I think they are trying to say is this. If someone pays the payroll tax on your behalf, then you have imputed income in the form of the tax paid by someone else.

Example, let's say you have a nanny. Your nanny is considered your employee. You pay your nanny $1,000 per week. No taxes are withheld, you just give her $1,000 a week.

But she still "owes" the employee portion of FICA. Ultimately, that was paid by the employer on her behalf. So, her income, for income tax purposes, is "grossed up".

It's as if her actual earnings were $1,082.84 per week, and she had $82.84 withheld for her share of FICA, and she got $1,000 net (assuming she had no federal or state income tax withholding).

For income taxes, she's taxed on that $1,082.84.

The article is trying to imply that if the SS employee share isn't withheld by the employer, but is ultimately paid by the employer (out of the employer's funds), then, a similar calculation would apply here.

Look, I know people like Trump on here, and I understand what he's wanting to do, but this EO is the single biggest piece of garbage I've ever seen come out of DC.

It's going to create so many problems that most companies will say F it and not go along, which is what I am advising my clients to do currently, unless we get new information.

He has the authority to suspend payment of payroll taxes, just like he has the authority to suspend payment of income taxes / tax filings, for a period of time.

But he doesn't have the authority to FORGIVE those taxes.

So, business don't withhold, employees net goes up, from Sept to Dec. Great. What happens in Jan when those taxes are now due?

Individuals are going to owe all those "un-withheld" taxes in January. That's not going to go well.

What if the employee quits? How does the employer get the money back from the employee, to pay the employee share of the taxes?

Under CARES act, companies can already suspend paying the employer share of SS tax until Dec 31 2021 and Dec 31, 2022, and that's a pain by itself, and that only involves the company's own funds.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
36920 posts
Posted on 8/11/20 at 12:00 pm to
quote:

Is the whole thing deferred or just the employee portion? I could very well be mistaken, but I thought it was just the employee portion. If not, I see what you are saying.


The EO only defers the employee portion of social security tax. That's it. Look at the actual language of the EO, not the reporting.

CARES Act has a mechanism to defer the employer portion of social security tax.

Medicare tax - employee or employer - does not have any current deferral mechanism.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
36920 posts
Posted on 8/11/20 at 12:04 pm to
quote:

Smart employers will keep that money aside in an interest bearing account,


Which means they are still collecting it from the employee, which goes against what I think was the intention of the EO.

quote:

and the employer has already written that amount off as part of the cost of keeping you on as an employee.


Not necessairly. The employer portion is deferred, half until 12/31/2021, and half until 12/31/2022. You generally can not deduct an expense, under tax law, that has that long of a gap between accrual and payment.
Posted by LSU316
Rice and Easy Baby!!!
Member since Nov 2007
29275 posts
Posted on 8/11/20 at 12:07 pm to
In my mind the bottom line is in today's world....no business is going to put themselves at risk by stopping the employee deduction for payroll tax or using their budgeted money for the employer portion on anything else.....the businesses are still going to take that money from your check and hold it until that deferred tax comes calling for payment....now if it is later forgiven then they might pay out the employee portion to employees.
Posted by LSU316
Rice and Easy Baby!!!
Member since Nov 2007
29275 posts
Posted on 8/11/20 at 12:08 pm to
quote:

Which means they are still collecting it from the employee, which goes against what I think was the intention of the EO.


I don't believe the EO does anything to force the employee to stop deductions.
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