Employee Retention Tax Credit Explained

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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.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 was designed to encourage businesses to continue to pay their employees even if normal operations are not possible.

The ERC may be able to help keep your employees and business afloat if your company has been impacted.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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The Employee Retention CreditEmployee Retention Tax Credit Explained

Employee Retention credit (ERC), a refundable income tax credit, is available to businesses for wages paid by them during the COVID-19 epidemic.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.

The ERC is available to businesses of all sizes, including tax-exempt organizations.To be eligible for the ERC, a company must have had a significant fall in gross receipts and/or have been fully or partial suspended as a result of an COVID-19 government order.

The ERC is able to provide significant financial support for businesses affected by the pandemic.The ERC can provide a significant financial boost to businesses that have been impacted by the pandemic.

Why was ERC formed?

The COVID-19 epidemic caused a severe downturn in the economy, which forced many businesses to close or lay off their employees.The ERC was created to help businesses keep their employees on payroll so that they could quickly reopen and resume normal operations once the pandemic 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.

Businesses can claim the ERC even if they don’t owe taxes.Businesses can also claim ERC for wages paid by employers to employees who do not work due to COVID-19. Examples include employees who were furloughed and quarantined. Employee Retention Tax Credit Explained

Impact of ERC on Business 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.It has also contributed to the economic recovery by boosting consumer spending and investment.

Employee Retention Tax Credit Explained

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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 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, 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:

  • 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 decline of gross receipts. A business which has seen a significant fall in its gross receipts because of COVID-19, is also eligible to receive the 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

The following are some scenarios and examples that will help you understand each eligibility criteria.

Full or partial suspension by government order

  • ERC is available to restaurants that are forced to close by a government order.
  • ERC can be awarded to a fitness center that has to operate on a reduced basis due to an order from the government based on COVID-19.

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 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 Credit is a tax deduction that businesses may claim on wages they paid employees in the COVID-19 pandemic.The amount of the credit is dependent on the business’s quarter and employees.

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 a company could receive up to a $5,000 credit per employee in 2020.

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.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 ERC in Federal Employment Taxreturn

To claim the Employee-Retention Credit (ERC), businesses must file a Form 941-941-X, Adjusted Employer Quarterly Federal Tax return or Claim of Refund.This form is applicable to any quarter during which the business qualifies for the credit.

Claim the ERC by Claiming it in Advance

There are three options available to businesses for claiming ERC:

  • Claim your credit in Advance: Businesses can take advantage of the credit by reducing deposits made quarterly for employment tax.To do this, businesses must file Form 7200, Advance Payment of Employer Credits and Taxes, with the IRS.
  • Businesses may also reduce their quarterly tax deposits on employment by the credit amount they expect.Businesses can do this by filing Form 941 and indicating how much they will reduce their quarterly employment tax deposits.
  • 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

Multiplying employee wages with the applicable credit rate will give you the ERC.Credit rates are 50% in 2020 and 70% during the first three-quarters of 2021.

Businesses should be careful to avoid double-dipping with 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

Businesses should maintain detailed records of the wages they paid to their employees 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 Tax Credit Explained

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 hours worked by employees, including vacation, sick, and holiday time.
  • Keep track of all wages paid to employees, including base wages, bonuses, and overtime pay.
  • Track any government orders which may have an impact on the business.

The IRS offers many resources for businesses to claim the ERC. This includes FAQs and fact sheets.Businesses can contact the IRS by calling 1-800-829-1040.

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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.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
  • Due to disruptions in the supply chain, manufacturers are not able to operate at their full capacity
  • Donations to nonprofit organizations have declined
  • Hotels and other hospitality businesses
  • Travel and tourism businesses
  • Entertainment and event business
  • Personal care businesses
  • Gyms and fitness studios
  • Salons, spas
  • Retail stores selling non essential goods
  • Businesses that were required to operate at a reduced capacity
  • Businesses that were forced to implement new safety measures and 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 Tax Credit Explained

Here are some examples of how companies have used the ERC in specific situations:

  • A restaurant that was forced to close for several months due to a government order was able to use the ERC to keep its employees on the payroll.
  • An ERC offset the payroll costs of a retail shop that saw a 50% decrease in sales because of COVID-19.
  • ERC allows a company to maintain its workforce and produce essential products despite being unable to run at full capacity.
  • 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 own a company and are not sure if you are eligible, I recommend that you contact a qualified tax professional.They can help you to determine your eligibility and to claim the credit if you are eligible.

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Avoiding Scams

ERC Scams, Aggressive Marketing and Other Risks

Unfortunately, there are scammers who are trying to take advantage of businesses that are eligible for the Employee Retention Credit (ERC).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 promise to get you a refund without reviewing your records.
  • They charge you high upfront fees or a certain percentage of your refund.
  • The salespeople are aggressive and use high-pressure tactics. Employee Retention Tax Credit Explained
  • They are not affiliated with a reputable tax professional organization.
  • The first thing they ask you for is your personal and financial information.

Reporting Suspicious Activities and Protecting Personal Information

If you’re contacted by an ERC con artist, then you should report their activity to IRS.You can call 1-800-829-1040 for more information or go to the IRS web site.

You should also be careful to protect your personal and financial information.Do not share your personal data with anyone who contacts uninvited.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 we discussed the Employees Retention Credit, tax-relief program that assists eligible employers in keeping their employees on the payroll during the COVID-19 epidemic.The ERC has been explained in detail, including the eligibility requirements and the claim process.

We also have some tips and materials for documenting your records.The ERC can be a valuable benefit for employers, helping them reduce their employment taxes, improve their cashflow, and support their employees.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 Bonus Frequently Answered Questions

Employee Retention Tax Credit Explained

What is ERC?

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

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

Who is eligible for ERC funding?

Businesses that have experienced a significant drop in gross receipts or those that were suspended or fully suspended by government orders due to the COVID-19 epidemic are eligible for the ERC.

What are qualified wages?

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

All wages that are qualified include health insurance premiums paid to the employer.

How do I claim the ERC?

The IRS will accept amended Forms 941 and 941-X from businesses to claim the ERC.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 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 the ERC for wages that were also used to claim the PPP loan.

Can self-employed individuals claim ERC?

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 organisations claim ERC?

Yes, nonprofits are eligible for ERC.

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

Can companies that own a foreign affiliate claim ERCs?

You can claim ERC on wages paid to 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

  • Credit calculation error
  • The failure to include all qualifying wages
  • The failure to amend Form 941-X in time.
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