Employee Retention Credit Scam Calls

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COVID-19 has caused massive damage to businesses of every size, with many being forced to cut staff or shut down their doors.Employee Retention (ERC) Credit is available to businesses that need it.

The ERC is a refundable tax credit that businesses can claim on qualified wages paid to employees during the pandemic.It’s designed to help employers keep their employees, even if the business is unable to function normally.

If you are a business owner who has been impacted by the pandemic, the ERC can help you keep your employees on board and your business afloat.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 Scam Calls

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 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.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.

The ERC is able to provide significant financial support for businesses affected 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 is designed to help keep businesses open and their employees working so that they can resume normal operations as soon as the pandemic subsides.

ERC Benefits

The ERC is a great way to boost the finances of businesses affected by pandemics.The ERC can help businesses retain employees, which is crucial for a rapid recovery.

Businesses can claim the ERC even if they don’t owe taxes.Businesses can claim the ERC on wages paid to employees that are not working because of COVID-19. This includes employees who have been furloughed, quarantined, or are otherwise not allowed to work. Employee Retention Credit Scam Calls

The Impact of the ERC in the Business and Economy

The ERC was able to keep millions of Americans working during the COVID-19 pandemic.The ERC also helped to keep businesses afloat through the economic storm.

ERC may have prevented the closure of hundreds of thousands of businesses and saved over 10,000,000 jobs.It has also contributed towards the economic recovery through a boost in consumer spending and 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 test for a decline in gross receipts is the main difference between 2020 and 2021 ERC.In order to qualify for the 2020 ERC, businesses must have had a substantial decline in gross revenues of at least half compared with the same quarter last year.In 2021 an enterprise must have seen a decline in gross revenue of atleast 20% in comparison to the same period in the previous year.

Business Qualifications

The ERC is available to businesses in two different ways.

  • ERC is available to businesses that have been suspended in whole or part by government orders due to COVID-19.The ERC is available to businesses that have been told to close or operate at reduced capacity.
  • Significant decline in gross receipts: A business that has experienced a significant decline in gross receipts due to COVID-19 is also eligible 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

These examples and scenarios illustrate the criteria for each:

Fully or partially suspended by a government order:

  • A restaurant that is forced to close due to a government order is eligible for the ERC.
  • 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:

  • ERC eligibility is granted to retail stores who experience a sales decline of 50% due to 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 credit (ERC), a tax-credit that businesses can claim, is for wages paid to qualified employees during the COVID-19 epidemic.The amount varies depending on how many employees are employed and what quarter it is.

In 2020, the credit will be equal to half of all wages that employees are entitled to receive up to $10,000.For 2020, a business may receive a maximum credit of $5,000 per employee.

For the first quarters of 2021, the credit equals 70% of wages that are qualified. However, this is limited to $10,000 per quarter per employee.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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Claim the Credit

How to Claim the ERC when Filing Federal Employment Tax Returns

Businesses that wish to claim the Employee Retention credit (ERC), on their federal employment tax returns must use Form 941-X, Revised Employer’s Quarterly Tax Return, or Claim for Refund.This form can be filed for any quarter in which the business was eligible for the credit.

Options for Claiming the ERC in Advance

Businesses have three options for claiming the ERC:

  • Claim it in advance. Businesses are able to claim the credit before the quarter’s end by reducing quarterly employment taxes.To do this, businesses must file Form 7200, Advance Payment of Employer Credits and Taxes, with the IRS.
  • Businesses can reduce their quarterly deposits for employment tax by the amount they anticipate receiving.Businesses can do this by filing Form 941 and indicating how much they will reduce their quarterly employment tax deposits.
  • Request a refund: Businesses that have already paid their employment taxes can request a refund of the credit by filing Form 941-X with the IRS.

Calculating the Amount of the Credit 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 should be careful to avoid double-dipping with other relief programs.For example, businesses can’t claim the ERC if they are also claiming the Paid Family Leave Credit or Work Opportunity Tax Credit.

Tips and Resources for Recordkeeping and Documentation

Businesses must keep detailed records on all wages paid during the ERC.This will help businesses to accurately calculate the amount of the credit they are eligible for and to support their claim if it is audited by the IRS. Employee Retention Credit Scam Calls

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

  • Keep a copy of all records of your payroll, including the W-2 and Form 941.
  • Keep track of all the hours worked by your employees including holidays, sick days, and vacations.
  • Keep track of all wages paid to employees, including base wages, bonuses, and overtime pay.
  • Keep track of government orders affecting your business.

The IRS provides a variety of resources to help businesses claim the ERC, including FAQs, fact sheets, and videos.Businesses can call the IRS at 1-800-829-1040 for assistance.

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Examples of Eligible Businesses

Businesses that have been affected by the COVID-19 Pandemic can apply for the Employee Retention Credit.Below are some business examples that may be eligible for Employee Retention Credit.

  • Restaurants forced to shut down due to government order
  • Retail stores which experienced a significant decrease in sales
  • Supply chain disruptions prevent manufacturers from operating at full capacity
  • Non-profit organizations who saw their donations decrease
  • Hotels and other hospitality business
  • Travel and tourism businesses
  • Entertainment and event businesses
  • Personal care businesses
  • Gyms & fitness studios
  • Salons and spas
  • Retail stores that sell non-essential products
  • 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

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 Scam Calls

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

  • The ERC allowed a restaurant to retain its staff after it was forced to shut down for several months by government order.
  • A retail outlet that suffered a 50% sales decline due to COVID-19, was able to use ERC to offset their payroll costs.
  • 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.
  • A nonprofit organization that saw its donations decline due to COVID-19 was able to use the ERC to keep its employees on payroll and continue to provide 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.You can get help from a tax professional to determine your eligibility for the ERC and claim it if eligible.

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Avoiding Scams

Risks of ERC Scams and Aggressive Marketing

Unfortunately, some scammers take advantage of companies that qualify for the Employee Retention Credit.These scammers can use aggressive marketing strategies to convince companies to sign-up for their services even when they are not eligible to receive the ERC.

Warning Signs and Red Flags

These warning signs will help you identify possible ERC scammers.

  • They guarantee to refund your money without looking into your records.
  • The fees are high, or they take a large percentage of the refund.
  • Sales tactics are high-pressure. Employee Retention Credit Scam Calls
  • They do not belong to an organization that is reputable.
  • The first thing they ask you for is your personal and financial information.

Reporting Suspicious Actors and Protecting Your Personal Information

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

You should also be careful to protect your personal and financial information.Don’t give out your personal details to anyone who contacts without asking.If you are unsure whether or not a business is legitimate, you can check their reviews online or contact the IRS for assistance.

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Conclusion

This article has discussed the Employee retention credit (ERC), which is a tax relief that allows eligible employers to keep their employees employed during the COVID-19 Pandemic.We have explained the eligibility requirements, the claiming process, and the potential scams related to the ERC.

We also have some tips and materials for documenting your records.The ERC is a valuable benefit that can help employers reduce their employment tax liability, improve their cash flow, and support their workforce.If you qualify as an employer, please claim the ERC and get professional assistance if you require it.

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Employee Retention Bonus Frequently Answered Questions

Employee Retention Credit Scam Calls

What is ERC?

Businesses affected by COVID-19 can apply for a refundable income tax credit.

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 apply for the ERC program?

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 are qualified wages?

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

Health insurance premiums paid by the employer are also considered qualified wages.

How do I claim the ERC?

Businesses can claim the ERC by filing an amended Form 941 or Form 941-X with the IRS.The amended Form 941-X must be filed within three years of the date the original Form 941 was filed.

Do I have to pay back the ERC?

The ERC, however, is a non-refundable tax credit.

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

The ERC is available to businesses who have taken out a PPP (Paycheck protection Program) loan.

Businesses cannot claim ERC for salaries that are also used as collateral to borrow PPP loans.

Can self employed individuals claim ERC benefits?

Self-employed individuals can apply for the ERC.

The Schedule C can be used by self-employed individuals to claim the ERC.

Can non profit organizations claim ERC?

Yes, organizations that are not for profit can qualify for the ERC.

Nonprofit organizations are eligible to claim the ERC when filing their Forms 990-T.

Can companies that own a foreign affiliate claim ERCs?

Businesses can claim ERC for the wages they pay to foreign-based employees.

There are a few additional requirements to meet before you can claim the benefit.

Are there mistakes that companies make in claiming ERCs?

The following are some common mistakes to avoid by businesses when claiming the ERC:

  • Calculation error on credit
  • All wages are not included
  • Failing to amend Forms 941-X within the specified timeframe.
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