Eligible Businesses May Claim A Retroactive Employee Retention Credit By First Filing What Form

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The COVID-19 pandemic has wreaked havoc on businesses of all sizes, forcing many to lay off employees or close their doors altogether.The Employee Retention Credit can be a lifeline for businesses struggling to stay afloat.

It is a refundable credit that can be claimed by employers on certain wages paid to employees in the event of a pandemic.It’s designed to help employers keep their employees, even if the business is unable to function normally.

If you own a small business and have been affected by the pandemic then the ERC will help you to keep your staff on board, as well as your business going.If you want to know more about the ERC or how to claim it visit the IRS’ website, consult a tax advisor or continue reading below.

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For a brief reading of what the Employee Retention Credit or ERC is, take a look at this video from the YouTube channel “ERC Specialists”. You can also continue below to read an in-depth explanation of ERC.

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Employee Retention CreditEligible Businesses May Claim A Retroactive Employee Retention Credit By First Filing What Form

Employee Retention (ERC) Credit is a refundable credit that businesses may claim on wages paid during the COVID-19 pandemic.It was created by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in March 2020 to help businesses keep their employees on the payroll, even if they were unable to operate normally.

Businesses of all sizes can apply for the ERC, even those that are tax-exempt.To be eligible, a business must have experienced a significant decline in gross receipts or have been fully or partially suspended due to a COVID-19-related government order.

The ERC can provide a significant financial boost to businesses that have been impacted by the pandemic.It can be used to help businesses keep their employees, cover their payroll costs and invest for the future.

Why was ERC created?

The COVID-19 Pandemic caused an economic downturn that forced many businesses either to layoff employees or shut their doors.The ERC was established to assist businesses in keeping their employees employed so they can quickly reopen, resume normal operations and regain control of the situation once the pandemic has subsided.

ERC Benefits

The ERC can provide a significant financial boost to businesses that have been impacted by the pandemic.It can also help businesses retain their employees, which is essential for a quick recovery.

The ERC is a refundable tax credit, meaning that businesses can claim it even if they do not owe any taxes.Businesses can also claim the ERC for qualified wages paid to employees who are not working due to COVID-19, such as employees who are furloughed or quarantined. Eligible Businesses May Claim A Retroactive Employee Retention Credit By First Filing What Form

Impact of ERC on Businesses and the Economy

The ERC is credited with keeping millions of Americans at work during the COVID-19 outbreak.It also helped companies to weather the economic storm and remain afloat.

ERC saved 10 million jobs. Thousands of businesses were prevented from closing.It also contributed to the recovery of the economy by increasing consumer spending, and investing.

Eligible Businesses May Claim A Retroactive Employee Retention Credit By First Filing What Form

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Eligibility

For businesses affected by COVID-19, the Employee Retention Credit can help them retain their employees.

The primary difference between ERC requirements for 2020 and 2021 is a test of gross receipts decline.In 2020 a business’s gross receipts must have declined by at least 50% from the same quarterly period of the previous year.In 2021, an organization must have suffered a significant drop in gross receipts by at least 20% from the same quarter the year before.

Business Qualifications

Two ways exist for businesses to qualify for the ERC:

  • Fully or partially suspended by a government order: A business that has been fully or partially suspended by a government order due to COVID-19 is eligible for the ERC.Businesses ordered to close, reduce capacity or comply with certain restrictions are eligible for ERC.
  • Significant drop in gross sales: A business experiencing a significant loss in gross sales due to COVID-19 can also apply for the ERC.Significant decline in Gross Receipts: A business that has experienced a significant decline in its gross receipts due to COVID-19 is also eligible for the ERC.

Examples and Scenarios

Here are some examples and scenarios to illustrate each eligibility criterion:

A government order can suspend a person’s rights in full or part

  • A restaurant that is forced to close due to a government order is eligible for the ERC.
  • A gym that is required to operate at a reduced capacity due to a COVID-19-related government order is eligible for the ERC.

Significant decline in gross receipts:

  • ERC is available to retail stores that experience a 50% drop in sales as a result of COVID-19.
  • ERCs are available for manufacturers that cannot operate at their full capacity as a result of disruptions in supply chains.

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Credit Amount

Employee Retention Tax Credit (ERC), is a credit for businesses that can be claimed on qualified wages paid by employers to their employees during COVID-19.The credit amount varies according to the quarter and number of employees of a business.

For 2020, a credit equal to 50 percent of wages paid to qualified employees is available up to a limit of $10,000.This means that a business could receive a credit of up to $5,000 per employee for 2020.

For the three first quarters of the year 2021, the credit is equal to 70% of the wages qualified to be paid. There is a limit of $10,000 per employee per quarter.For the first three-quarters of 2021, a business can receive up to $7,000 in credit per employee. This could amount to up to $21,000 for each employee.

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Claim the Credit

How to Claim the ERC when Filing Federal Employment Tax Returns

To claim the Employee Retention Credit (ERC) on federal employment tax returns, businesses must file an amended Form 941-X, Adjusted Employer’s Quarterly Federal Tax Return or Claim for Refund.This form can also be filed for any other quarters in which a business may have been eligible for credit.

Claim the ERC in Advance

Businesses have three options for claiming the ERC:

  • Claim the credit in advance: Businesses can claim the credit in advance by reducing their quarterly employment tax deposits.To do this, business must file IRS Form 7220, Advance Payment for Employer Credits & Taxes.
  • Reduce employment tax deposits: Businesses can also reduce their quarterly employment tax deposits by the amount of the credit they expect to receive.To reduce the deposits, businesses need to file IRS Form 941 and include the amount of credit that they expect to receive.
  • Businesses who have already paid employment taxes may request a credit refund by filing IRS Form 941X.

Calculating the Amount of the Credit and Avoiding Double-dipping with Other Relief Programs

The amount of the ERC is calculated by multiplying the qualified wages paid to employees by the applicable credit rate.Credit rate is set at 50% for 2020 and 70% for the three first quarters of 2021.

Businesses should avoid double-dipping on other relief programs.Businesses cannot, for example, claim the ERC on wages they also claim as part of the Paid Family Medical Leave Credit and the Work Opportunity Tax Credit.

Tips and Resources for Recordkeeping and Documentation

Keep detailed records for all wages that were paid to employees in the ERC period.This will enable the business to calculate the credit amount accurately and provide evidence to support the claim, if audited. Eligible Businesses May Claim A Retroactive Employee Retention Credit By First Filing What Form

Here are some tips on recordkeeping and documentation.

  • All payroll records should be kept, including W-2s and Forms 941s.
  • Keep track at all times of employee hours, including vacation, sick and holiday leave.
  • Keep track of all the wages that employees receive, including overtime, bonuses, and base wages.
  • Keep track of government orders affecting your business.

The IRS provides many resources to assist businesses in claiming the ERC. They include fact sheets, videos, and FAQs.Businesses can also contact the IRS for assistance by calling 1-800-829-1040.

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Examples of Eligible Businesses

Businesses affected by the COVID-19 virus can claim an Employee Retention credit (ERC).Here are some businesses that could be eligible for Employee Retention Credit.

  • Restaurants closed due to government orders
  • Retail stores who experienced a significant drop in sales
  • Manufacturing companies are unable to reach full capacity because of supply chain disruptions
  • Non-profit organizations who saw their donations decrease
  • Hotels and other hospitality enterprises
  • Travel and tourism companies
  • Entertainment and event businesses
  • Personal care businesses
  • Gyms & fitness studios
  • Salons and spas
  • Retail shops selling non-essential items
  • Businesses who were forced to operate with a reduced capacity
  • Businesses that were forced to implement new safety measures and protocols
  • Costs incurred by businesses as a result of COVID-19

The ERC may also be available to businesses that were suspended or partially by government orders or experienced a substantial decline in gross revenues due to COVID-19. Eligible Businesses May Claim A Retroactive Employee Retention Credit By First Filing What Form

Below are some specific examples on how businesses have utilized the ERC.

  • A restaurant that had to close its doors for several weeks due to government orders was able, with the ERC, to keep all of its employees employed.
  • An ERC offset the payroll costs of a retail shop that saw a 50% decrease in sales because of COVID-19.
  • A manufacturer that was unable to operate at full capacity due to supply chain disruptions was able to use the ERC to keep its employees on payroll and continue to produce essential goods.
  • The ERC allowed a nonprofit organization to continue providing essential services despite a decline in donations due to COVID-19.

Contact a tax expert if you’re a business owner who is unsure if you qualify for the ERC.They can help you to determine your eligibility and to claim the credit if you are eligible.

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Avoiding Scams

Risks of ERC Scams and Aggressive Marketing

Unfortunately, there are scammers who are trying to take advantage of businesses that are eligible for the Employee Retention Credit (ERC).These scammers might use aggressive advertising tactics to convince businesses that they should sign up for their service, even though the business may not be eligible for ERC.

Red Flags and Warning Signs

Here are some warnings and red flags for identifying potential ERC fraudsters:

  • The company promises to give you a full refund without reviewing any of your records.
  • They charge high fees upfront or take a portion of your refund.
  • The salespeople are aggressive and use high-pressure tactics. Eligible Businesses May Claim A Retroactive Employee Retention Credit By First Filing What Form
  • They are not affiliated to a reputable organization of tax professionals.
  • Some companies will ask for personal or financial details upfront.

Reporting Suspicious Activity and Protecting Personal Data

If you’re contacted by an ERC con artist, then you should report their activity to IRS.You can report this activity by calling 1-800-829-1040.

It is important to safeguard your personal and financial data.Don’t give out your personal details to anyone who contacts without asking.You can find reviews of a company online, or you can contact the IRS if you’re unsure.

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Conclusion

In this article, the Employee Retention credit (ERC) is discussed. It’s a tax relief program that helps eligible employers retain their employees during the COVID-19 outbreak.We have discussed the ERC eligibility requirements, claim process and potential scams.

We’ve also included some resources and advice on recordkeeping.The ERC offers employers a valuable opportunity to reduce their tax liabilities, improve cash flow and support the workforce.We encourage eligible employers to claim this credit and, if necessary, seek professional help.

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Frequently Asked Questions about Employee Retention Credits

Eligible Businesses May Claim A Retroactive Employee Retention Credit By First Filing What Form

What is ERC?

The COVID-19 pandemic has impacted businesses. A refundable tax credit is available.

This credit is equal 50% of qualified wage paid to employees for 2020 and 70% qualified wage paid to employees during the first three-quarters of 2021.

Who can receive the ERC?

Eligible businesses for the ERC include those who experienced a significant decline in gross receipts or were fully or partially suspended due to government orders caused by the COVID-19 pandemic.

What is qualified wage?

Included in qualifying wages are wages, salaries, and tips paid to employees.

Employer-paid health insurance premiums also qualify as wages.

How do you claim your ERC?

Businesses can claim ERCs by filing amended Forms 941 or 941-X at the IRS.The amended 941-X form must be filed in three years following the original 941 filing date.

Do I need to repay the ERC?

The ERC is not a tax credit that needs to be repaid.

Can I claim ERC if I received a loan from PPP?

Yes, businesses can claim the ERC even if they received a PPP loan (Paycheck Protection Program).

The ERC cannot be claimed for wages used to obtain a PPP loan.

Can self-employed individuals claim the ERC?

Self-employed individuals can apply for the ERC.

Schedule C forms can be claimed by individuals who are self-employed.

Can non profit organizations claim ERC?

Nonprofit organizations can apply for the ERC.

Nonprofit organizations may claim the ERC by submitting Form 990-T.

Can companies with a foreign subsidiary claim ERC?

Yes, businesses can claim the ERC for wages paid to employees of foreign subsidiaries.

That said, there are some additional requirements that must be met before they can claim it.

Are there mistakes that companies make in claiming ERCs?

Some common mistakes businesses need to watch out for when claiming their ERC include but are not limited to

  • Wrong calculation on credit
  • Include all wages that qualify
  • Failure to amend form 941 – X on time.
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