The Hotline message indicates that Notice 2020-65 “does not address how an employer chooses to implement the relief in the Notice, and accordingly, nothing precludes an employer from getting employee input on whether to apply the relief.”. Employers do not need to fill out an IRS form to indicate that they are opting out of this payroll tax deferral. Second, an employer opts out of the program by not participating with the deferral and instead, prepares and pays their employees’ payroll taxes as they have done all along before the EO was issued. These two points address some of the uncertainty with the payroll tax deferral program.The message goes on to state: “Employers may, but are not required to, utilize this relief.”.The first item in the message states, “If your question is whether the payroll tax deferral is optional, the answer is Yes.” The message indicates that the employee payroll tax benefits offered in Notice 2020-65 are based on relief afforded to taxpayers in IRC Section 7508A, and this relief is optional.However, this time when we called, the recorded message offered some additional insights as follows on the payroll tax deferral in Notice 2020-65 (before a caller was able to leave a message): We called this Hotline before and left a message but had not received a follow-up call. We tried again to get in contact with the IRS using the “Notice 2020-65 Hotline” provided by the IRS at the end of Notice 2020-65. Please note the following items concerning Notice 2020-65 and the EO: While the IRS has not issued additional formal guidance since Notice 2020-65 was released on August 28, 2020, there have been some interesting developments.
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