Employee Retention Credit Letter Scam

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COVID-19, a pandemic that has affected businesses of all types and sizes, has forced many to either lay off staff or close their business.Employee Retention Bonus (ERB) is a way to keep businesses afloat.

The ERC can be claimed by businesses on the wages they paid employees who qualified during pandemic.The ERC was created to ensure that businesses can continue to pay employees during a pandemic, even if their normal business operations are disrupted.

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.To find out more about ERC and to claim, you can either visit the IRS web site, speak with an advisor, or check 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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The Employee Retention CreditEmployee Retention Credit Letter Scam

The Employee Retention Credit (ERC) is a refundable tax credit that businesses can claim for qualified wages paid to employees during the COVID-19 pandemic.It was created as part of the Coronavirus Aid, Relief, and Economic Security Act, in March 2020, to help companies keep their employees, despite being unable operate normally.

ERCs can be obtained by businesses of any size, including those exempt from tax.For a business to be eligible, it must have suffered a significant decrease in gross revenues or been partially or completely suspended by a government order related to COVID-19.

ERCs can be a major financial boost for companies that have suffered from pandemic effects.It can help businesses retain their employees, cover payroll costs, and invest in their 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

ERCs can give businesses impacted by pandemics a financial boost.It can assist in keeping employees on board, which will help the business recover quickly.

The ERC, which is a tax credit that is claimed even by businesses who do not owe a dime in taxes, is refundable.Businesses may also claim ERCs on qualified wages for employees who cannot work because of COVID-19. These employees include those who are furloughed. Employee Retention Credit Letter Scam

Impact of the ERC on Businesses and the Economy

The ERC is credited with keeping millions of Americans at work during the COVID-19 outbreak.The ERC also helped to keep businesses afloat through the economic storm.

The ERC is estimated to have saved over 10 million jobs and prevented hundreds of thousands of businesses from closing their doors.The ERC also contributed positively to the recovery in terms of consumer spending as well as investment.

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Eligibility

The Employee Retention Credit (ERC) is a tax credit available to businesses that have been impacted by the COVID-19 pandemic. 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 decline in gross revenues test is the major difference between the ERC 2020 and ERC 2021 requirements.In 2020, the business must have seen a decline of gross receipts by at least 50% in comparison to the same quarter the year before.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

There are two ways that businesses can qualify for ERC:

  • ERC eligibility is based on whether the business has been suspended completely or in part due to COVID-19.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.A significant decline in gross receipts is defined as a decline of at least 50% in a quarter in 2020 or at least 20% in a quarter in 2021 compared to the same quarter in the previous year.

Examples and Scenarios

Below are examples and scenarios that illustrate each of the eligibility criteria:

Orders from the government can be used to suspend or fully suspend your work.

  • ERC can be claimed by a restaurant forced to shut down due to an order from the government.
  • The ERC is available to gyms that are required to operate with a reduced capacity because of a COVID-19-related government order.

Significant decline in gross receipts:

  • A retail store that experiences a 50% decline in sales due to COVID-19 is eligible for the ERC.
  • ERC can be awarded to a manufacturer who cannot operate at full capability due to disruptions to the supply chain.

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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 amount of the credit is dependent on the business’s quarter and employees.

Credits for 2020 are equal to 50% the qualified wages paid by employees, up to a maximum amount of $10,000 per employee.For 2020, a business may receive a maximum credit of $5,000 per employee.

Credits are equal to 70% of qualified wages for the first 3 quarters of 2020, with a maximum per employee of $10,000.This means a company could receive a credit for up to $7,000 for each employee per quarter in the first three months of 2021. The total for the entire year is up to $21,000.

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Claiming the Credit

How to Claim the ERC on 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 may be used for any quarter that the business is eligible for the credit.

Claim the ERC in Advance

Businesses have three choices for claiming ERCs:

  • Claim it in advance. Businesses are able to claim the credit before the quarter’s end by reducing quarterly employment taxes.Businesses must submit Form 7200 to the IRS, Advance Payments of Employer Taxes and Credits.
  • Businesses can also reduce the quarterly employment tax deposit by the amount that they expect to get.To do this, businesses must file Form 941 with the IRS and indicate the amount of the credit they are reducing their deposits by.
  • Request a Refund: Businesses who have already paid their Employment Taxes can request to receive a refund for the credit by submitting Form 941X to the IRS.

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

Multiplying the amount of ERC by the credit rate is how the ERC amount is calculated.The credit rate for 2020 is 50% and for the first quarter of 2021, it’s 70%.

Businesses must be cautious to not double dip with other relief programmes.Businesses can’t, for instance, claim ERC wages if they also claim Paid Family Leave Credit (PFML) or Work Opportunity Tax Credit.

Tips and Resources for Recordkeeping and Documenation

Keep detailed records for all wages that were paid to employees in the ERC period.This will allow businesses to calculate accurately the amount of credit they are entitled to and support their claim in the event that it is audited. Employee Retention Credit Letter Scam

Here are some helpful tips on documenting your records and documents:

  • 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.
  • Track all employee wages, including bonuses, overtime, and base pay.
  • Keep track of all government orders that affect your business.

IRS provides various resources, such as fact sheets and videos, to help businesses claim the ERC.Businesses can also call 1-800-829-1040 to get help from the IRS.

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Examples of Eligible Businesses

Businesses impacted by COVID-19 are eligible for the Employee retention credit (ERC).Below are some business examples that may be eligible for Employee Retention Credit.

  • Restaurants closed due to government orders
  • Retail stores that saw a significant fall in sales
  • Due to disruptions in the supply chain, manufacturers are not able to operate at their full capacity
  • Donations for nonprofit organizations are down
  • Hotels and other hospitality enterprises
  • Travel and tourism business
  • Entertainment and event businesses
  • Personal care businesses
  • Gyms & fitness studios
  • Salons & spas
  • Retail stores selling non essential goods
  • Businesses that had to operate on a lower capacity
  • Businesses forced to comply with new safety protocols
  • Businesses that have experienced an increase in costs as a result COVID-19

In addition to these examples, any business that was fully or partially suspended by a government order or that experienced a significant decline in gross receipts due to COVID-19 may be eligible for the ERC. Employee Retention Credit Letter Scam

Here are some specific examples of how businesses have used the ERC:

  • An employee of a restaurant forced to close down by government order for a few months was able to continue to be paid through the ERC.
  • A retail store that experienced a 50% decline in sales due to COVID-19 was able to use the ERC to offset its payroll costs.
  • ERC allows a company to maintain its workforce and produce essential products despite being unable to run at full capacity.
  • An organization that had seen its donations drop due to COVID-19 could use the ERC in order to keep their employees on the payroll and continue to offer essential services.

If you are a business owner and you are unsure whether or not you are eligible for the ERC, I encourage you to contact a tax professional.They can assist you in determining your eligibility, and claiming the credit, if you qualify.

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Avoiding Scams

ERC Scams, Aggressive Marketing and Other Risks

Scammers are targeting businesses eligible for the Employee Retention Credit.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.

Warning Signs and Red Flags

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

  • They will refund you without looking at your records.
  • They charge high fees upfront or take a portion of your refund.
  • These salespeople use high-pressure tactics. Employee Retention Credit Letter Scam
  • They are not affiliated to a reputable organization of tax professionals.
  • Your personal or financial data is requested upfront.

Reporting Suspicious Activities and Protecting Personal Information

If you are contacted by an ERC scammer, you should report the activity to the IRS.You can do this by calling 1-800-829-1040 or by visiting the IRS website.

Protecting your financial and personal information is also important.Do not give your personal information to anyone who contacts you unsolicited.If you’re not sure if a company is legit or not, you should check reviews online. You can also contact the IRS.

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Conclusion

We have covered the Employees Retention (ERC) Credit in this article. This is a tax credit program that helps employers who qualify to retain their staff during the COVID-19 pandemic.We have discussed the ERC eligibility requirements, claim process and potential scams.

We have also provided some tips and resources for recordkeeping and documentation.The ERC is a valuable benefit that can help employers reduce their employment tax liability, improve their cash flow, and support their workforce.We encourage eligible employers to claim this credit and, if necessary, seek professional help.

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Employee Retention Credit: Frequently Asked Questions

Employee Retention Credit Letter Scam

What is ERC?

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

This credit is equal to 50% of qualified wages paid to employees in 2020 and 70% of qualified wages paid to employees in the first three quarters of 2021.

Who is eligible for ERC funding?

Eligible business for the ERC includes those who suffered a significant reduction in gross receipts due to government order caused by COVID-19.

What is qualified wage?

Salary, wages, bonuses, and tips are all considered to be wages.

The employer’s health insurance premiums are also included in the calculation of wages.

How do you claim your ERC?

The IRS will accept amended Forms 941 and 941-X from businesses to claim the ERC.The amended 941-X form must be filed in three years following the original 941 filing date.

Do I have to repay my ERC?

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

Can I claim ERC even if I have received a PPP Loan?

Businesses can still claim the ERC if they have received a Paycheck Protection Program (PPP) loan.

Businesses cannot claim the ERC for wages that were also used to claim the PPP loan.

Can self-employed people claim the ERC?

Self-employed individuals can apply for the ERC.

Self-employed individuals can claim the ERC on their Schedule C form.

Can non-profit organizations claim ERC?

Yes, nonprofit organizations are eligible for the ERC.

Nonprofits can claim ERC on Form 990 T.

Can companies that own a foreign affiliate claim ERCs?

Yes, employers can claim ERC when they pay wages to foreign employees.

However, they must also meet certain additional requirements before they are eligible to claim the benefits.

Are there any common mistakes made by businesses when claiming ERC that they should be on the lookout for?

You should be on the lookout for these common mistakes when businesses claim their ERC.

  • Calculation error on credit
  • Failure to include all qualified wages
  • Failing to amend Forms 941-X within the specified timeframe.
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