Employee Retention Tax Credit Fraud

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The COVID-19 virus has wreaked havoc across all businesses, forcing some to shut their doors or layoff employees.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.The ERC is intended to keep employees employed, even when businesses are unable operate 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.To learn more about the ERC and how to claim it, visit the IRS website, speak with a 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 Tax Credit Fraud

Employee Retention Credit (ERC) is a tax credit for businesses that can be claimed if they pay employees wages 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.

Businesses that have been affected by this pandemic can receive a substantial financial boost from the ERC.It can help businesses to retain employees, pay for payroll, and invest in the future.

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 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.

The ERC is also a refundable credit. This means that businesses are able to claim it, even if there are no taxes due.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 Tax Credit Fraud

Impact of ERC on Businesses and the Economy

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

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 Tax Credit Fraud

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Eligibility

The Employee Retention Credit, or ERC for short, is a tax credit available to businesses who are affected by the COVID-19 epidemic.

The primary difference between ERC requirements for 2020 and 2021 is a test of gross receipts decline.In 2020, a business must have experienced a significant decline in gross receipts of at least 50% compared to the same quarter in the previous year.In 2021 a business will have to experience a significant decrease in gross revenues of at least 20 percent compared with the same quarter last year.

Business Qualifications

There are two ways that businesses can qualify for 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.The ERC is available to businesses that have been told to close or operate at reduced capacity.
  • 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 declines in gross receipts are defined as a drop of at least 50% or 20% from the same quarter last year.

Examples and Scenarios

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

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

  • ERC may be available for a restaurant that has to close because of a government directive.
  • ERC eligibility is granted to a gym that must operate at a lower capacity as a result of a government order relating to COVID-19.

Significant decline in gross receipts:

  • A retail store that experiences a 50% decline in sales due to COVID-19 is eligible for the ERC.
  • 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 is a tax deduction that businesses may claim on wages they paid employees in the COVID-19 pandemic.The amount of credit depends on the number of employees and the quarter.

For 2020, the credit is equal to 50% of qualified wages paid to employees up to a maximum of $10,000 per employee.This means a company could receive up to a $5,000 credit per employee in 2020.

For the first three quarters of 2021, the credit is equal to 70% of qualified wages paid to employees, up to a maximum of $10,000 per quarter per employee.For the first 3 quarters in 2021, an employer could receive up to $7,000 per employee each quarter. That’s up $21,000 per worker for the whole year.

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Claim the Credit

How to Claim the ERC on 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 is applicable to any quarter during which the business qualifies for the credit.

Options for Claiming the ERC in Advance

Businesses can claim the ERC in three ways:

  • Claim credit in advance. Businesses can claim credit in advance by reducing their quarterly deposits for employment tax.For this to happen, businesses will need to submit IRS Form 7200 – Advance Payment of Taxes and Employer 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.
  • Businesses that already pay their employment taxes to the IRS can request a reimbursement of the credit. To do this, they must file Form 941X.

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.Credit rate is set at 50% for 2020 and 70% for the three first quarters of 2021.

Avoid double-dipping when it comes to other relief programs.For example, businesses cannot claim the ERC for wages that are also used to claim the Paid Family and Medical Leave Credit or the Work Opportunity Tax Credit.

Tips and Resources for Recordkeeping and Documenation

Businesses must keep detailed records on all wages paid during the ERC.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 Tax Credit Fraud

Here are some tips for recordkeeping and documentation:

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

IRS provides various resources, such as fact sheets and videos, to help businesses claim the ERC.Businesses can contact the IRS 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).Here are some businesses that could be eligible for Employee Retention Credit.

  • Government orders force restaurants to close
  • Retail stores that experienced a significant decline in sales
  • Disruptions in the supply chains prevent manufacturers from working at full capacity
  • Donations for nonprofit organizations are down
  • Hotels and other hospitality enterprises
  • Travel and Tourism Businesses
  • Entertainment and event business
  • Personal care businesses
  • Gyms, fitness studios
  • Salons and spas
  • Retail shops selling non-essential items
  • Businesses that have been required to operate in a reduced capacity
  • Businesses forced to adopt new safety protocols and measures
  • 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 Tax Credit Fraud

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.
  • 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.
  • 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 an owner of a business and are unsure as to whether you are eligible for ERC, then I would encourage you contact a tax specialist.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 that try to take advantage business owners who are eligible for Employee Retention Credits (ERC).These scammers may use aggressive marketing tactics to try to convince businesses to sign up for their services, even if the business is not eligible for the ERC.

Red Flags and Warning Signs

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

  • They promise to get you a refund without reviewing your records.
  • They charge high fees upfront or take a portion of your refund.
  • They use high-pressure sales tactics. Employee Retention Tax Credit Fraud
  • They aren’t affiliated with an established tax professional association.
  • Some companies will ask for personal or financial details upfront.

Reporting Suspicious Activities and Protecting Personal Information

If you have been contacted by an ERC scammer , you should notify the IRS .This can be done by calling 1-800-829-1040, or visiting the IRS’s website.

It is important to safeguard your personal and financial data.Do not share your personal data with anyone who contacts uninvited.If you want to know if a particular business is legit, check online reviews. Or 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 outlined the ERC’s eligibility requirements, its claim process, as well as the possible scams.

We have also provided tips and resources on recordkeeping and documentation.The ERC offers employers a valuable opportunity to reduce their tax liabilities, improve cash flow and support the workforce.If you are eligible, we encourage to claim credit. Professional assistance may be needed if required.

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Employee Retention Bonus Frequently Answered Questions

Employee Retention Tax Credit Fraud

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 can receive the ERC?

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 is qualified wage?

Wages, salaries, tips, and bonuses are all included in the definition of a qualified wage.

Also, health insurance premiums that employers pay are considered wages.

How do you claim your 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 need to repay the ERC?

No, the ERC is a refundable tax credit, which means that businesses do not need to repay it.

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

Yes, even if you have received a Loan Protection Program (PPP) for your business.

Businesses can’t claim ERC on wages they used for PPP loans.

Can self-employed people 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?

Yes, organizations that are not for profit can qualify for the 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?

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

Before you can get it, however, you must meet some additional requirements.

Are there mistakes that companies make in claiming ERCs?

There are a few common mistakes that businesses should avoid when claiming an ERC. These include but are not restricted to

  • Calculation error on credit
  • The failure to include all qualifying wages
  • Failure to amend Forms 901-X by deadline
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