Employee Retention Credit Small Business

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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.

It is a refundable credit that can be claimed by employers on certain wages paid to employees in the event of a pandemic.It is designed to help businesses keep their employees on payroll, even if they are unable to operate normally.

The ERC is a great way to keep your employees engaged and your business running smoothly if you’re a business owner impacted by the pandemic.For more information on the ERC and how to apply for it, you can visit the IRS site, talk with a professional tax advisor or read 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 Small Business

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 are available to all businesses, even tax-exempt ones.To qualify, the business must have seen a significant reduction in gross sales or be suspended fully or partly due to an order from the government related to COVID-19.

Businesses that have been affected by this pandemic can receive a substantial financial boost from the ERC.The ERC can provide a significant financial boost to businesses that have been impacted by the pandemic.

Why was ERC created?

The COVID-19 outbreak caused an economic slump that led many businesses, including small and large ones, to either lay off staff or shut down.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.

Benefits of the ERC

ERCs can give businesses impacted by pandemics a financial boost.It can also be used to retain staff, which is important for a swift recovery.

Businesses can claim the ERC even if they don’t owe taxes.Businesses can claim ERC for qualified wages paid to employees not working as a result of COVID-19. For example, employees are furloughed from work or quarantined. Employee Retention Credit Small Business

Impact of ERC on Businesses and the Economy

The ERC helped keep millions of Americans in employment during the COVID-19 Pandemic.It has also helped businesses to stay afloat and weather the economic storm.

ERC may have prevented the closure of hundreds of thousands of businesses and saved over 10,000,000 jobs.The ERC also contributed positively to the recovery in terms of consumer spending as well as investment.

Employee Retention Credit Small Business

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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, an enterprise must have suffered a significant drop in gross receipts that is at least 50 percent less than the same period in the previous calendar year.In 2021, the business must have suffered from a significant fall in gross sales of at least 20% when compared to same quarter in previous year.

Business Qualifications

Businesses can qualify for the ERC in two ways:

  • ERC for a business suspended fully or partly by a Government Order: An ERC can be awarded to a business that is suspended either completely or partially by an order of the government due COVID-19.Businesses that are required to close down, operate with a reduced capacity or adhere to certain restrictions can be eligible for the ERC.
  • Significant decline in gross revenues: Businesses that have experienced a significant drop in gross revenue due to COVID-19 are also eligible for ERC.Significant decline in gross revenues is defined as at least a 50% decline in a quarterly in 2020, or at least a 20% decline in a quarterly in 2021 when compared with the same quarter the previous year.

Examples and Scenarios

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

An order of the government may suspend all or part of a program.

  • ERC will cover a restaurant which is forced to close down by government orders.
  • ERC may be available for a gym which is forced to operate at reduced capacity by a COVID-19 government order.

Significant decline in gross receipts:

  • ERC is available to retail stores that experience a 50% drop in sales as a result of COVID-19.
  • ERC eligibility is for a manufacturer who is not able to operate at maximum capacity due to disruptions in the supply chain.

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Credit Amount

Employee Retention (ERC) Credit is an income tax credit which businesses can claim in relation to wages that were paid during the COVID-19 Pandemic.The amount of credit depends on the number of employees and the quarter.

For 2020, a credit equal to 50 percent of wages paid to qualified employees is available up to a limit of $10,000.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.A business could receive credit up to $7000 per employee, per quarter for the three first quarters of the year 2021.

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Claim your 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 may be used for any quarter that the business is eligible for the credit.

Claim the ERC by Claiming it in Advance

Businesses have three choices for claiming ERCs:

  • Claim credit in advance. Businesses can claim credit in advance by reducing their quarterly deposits for employment tax.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.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 Credit Amount and Avoiding Double Dipping with Other Relief Programs

Multiplying qualified wages by the credit rate applicable, the ERC can be calculated.The credit rate for 2020 is 50% and for the first quarter of 2021, it’s 70%.

Businesses should be aware of the dangers of double-dipping.For example businesses cannot claim ERC for wages used to claim Paid Family and medical leave credit or the Work Opportunity Tax Credit.

Tips and Resources for Recordkeeping and Documentation

Businesses should keep detailed records of all qualified wages paid to employees during 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 Small Business

Here are a few tips for documenting and keeping records:

  • Keep copies of all payroll records, including Forms 941 and W-2s.
  • Keep track of all the hours worked by your employees including holidays, sick days, and vacations.
  • Keep track of the wages you pay to your employees. This includes base wage, bonuses, and overtime pay.
  • Keep track of any government orders that affected the business’s operations.

The IRS offers a number of resources that can help businesses claim their ERC. These include FAQs, factsheets, and videos.Businesses can contact IRS for help by calling 1-800-829-1040.

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Examples of Eligible Businesses

Businesses that are affected by COVID-19 can receive the Employee Retention (ERC).Following are some of the businesses that might be eligible to receive the Employee Retention Credit.

  • Restaurants forced to shut down due to government order
  • Retail stores that saw a significant fall in sales
  • Disruptions in the supply chains prevent manufacturers from working at full capacity
  • Nonprofit organizations that saw their donations decline
  • Hotels and other hospitality enterprises
  • Travel and Tourism Businesses
  • Entertainment and event business
  • Personal care businesses
  • Gyms & fitness studios
  • Salons and spas
  • Stores that sell non-essential merchandise
  • Businesses that have been required to operate in a reduced capacity
  • Businesses who are required to implement new safety standards and protocols
  • Businesses who experienced higher costs due to COVID-19

ERCs may be awarded to any business, including those that were fully or partially closed by a government order and/or experienced a significant decrease in gross receipts because of COVID-19. Employee Retention Credit Small Business

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

  • A restaurant, which was forced to close due to an order from the government for a period of several months, was able use the ERC in order to keep their employees on the payroll.
  • The ERC was used by a retail store to offset payroll costs after it experienced a 50% drop in sales as a result 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.
  • A nonprofit organization whose donations declined due to COVID-19 used the ERC to retain its employees and continue providing essential services.

You should contact a professional tax advisor if, as a small business owner, you have any doubts about your eligibility for the ERC.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

ERC Scams, Aggressive Marketing and Other Risks

Unfortunately, scammers try to take advantage businesses who qualify for the Employee Retention Credit.Scammers will use aggressive marketing techniques to get businesses to sign up, even if they are not eligible for ERC.

Red Flags and Warning Signs

Here are some warning signals and red flags that can help you to identify ERC scammers.

  • 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.
  • These salespeople use high-pressure tactics. Employee Retention Credit Small Business
  • They are not affiliated to a reputable organization of tax professionals.
  • The first thing they ask you for is your personal and financial information.

Reporting Suspicious Actors and Protecting Your Personal Information

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

It is important to safeguard your personal and financial data.Do not give your personal information to anyone who contacts you unsolicited.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

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.The ERC has been explained in detail, including the eligibility requirements and the claim process.

We’ve also included some resources and advice on recordkeeping.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’re an eligible employer, you should claim the credit. You can also seek professional advice if you need it.

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Employee Retention Credit: Frequently Asked Questions

Employee Retention Credit Small Business

What is ERC?

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

This credit equals 50% of the qualified wages that employees received in 2020, and 70% of the qualified wages they receive in the first quarter of 2021.

Who can receive the ERC?

Eligible companies for the ERC are those businesses that experienced a significant fall in gross sales or were partially or completely suspended because of government orders triggered by the COVID-19 outbreak.

What is a qualified wage?

Qualified wages include wages, salaries, tips, and bonuses paid to employees.

Employer-paid health insurance premiums also qualify as wages.

How do I claim 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 have to pay back 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).

Businesses cannot claim ERCs for wages they also claimed as PPPs.

Can self-employed individuals claim the ERC?

Yes, you can get the ERC if you are a self-employed individual.

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

Can non-profit organisations claim ERC?

Yes, nonprofits are eligible for ERC.

Nonprofit organizations can claim the ERC on their Form 990-T form.

Can companies that have a foreign subsidiary claim ERC benefits?Can companies who have a foreign branch claim ERC?

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

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

What are the common mistakes businesses make when they claim ERC?

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

  • Incorrect credit calculation
  • All wages are not included
  • Failure to amend Forms 901-X by deadline
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