Payroll Tax Deferrals—What Should Employers Do?

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Earlier this summer, President Donald Trump issued an Executive Order directing Secretary of the Treasury Steven Mnuchin to defer the withholding, deposit, and payment of certain payroll taxes beginning September 1 through the end of 2020. The order left several important questions open and directed the Treasury to issue guidance to implement the order.

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Secretary Mnuchin finally issued guidance on August 28, but many questions remain.

Questions Answered

Is the deferral mandatory? No. For several reasons, the president cannot force employers to defer the payment of payroll taxes that are otherwise owed under the

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