Estimated Employee Retention Tax Credit Scam

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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.The Employee Retention Credit can be a lifeline for businesses struggling to stay 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 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 CreditEstimated Employee Retention Tax Credit 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 in March of 2020 by the Coronavirus Aid, Relief, and Economic Security Act to help employers keep their workers on the payroll, despite the fact that they may not have been able to operate normally.

ERC is open to businesses and organizations of all sizes.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.

The ERC is able to provide significant financial support for businesses affected by the pandemic.It can help businesses retain their employees, cover payroll costs, and invest in their future.

Why was ERC formed?

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 created to help businesses keep their employees on payroll so that they could quickly reopen and resume normal operations once the pandemic subsided.

Benefits of the ERC

The ERC can provide a significant financial boost to businesses that have been impacted by the pandemic.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 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. Estimated Employee Retention Tax Credit Scam

Impact of ERCs on the Economy and Businesses

The ERC kept millions of Americans employed throughout the COVID-19 epidemic.It also helped businesses weather the storm and stay afloat.

ERC may have prevented the closure of hundreds of thousands of businesses and saved over 10,000,000 jobs.It also contributed to the recovery of the economy by increasing consumer spending, and investing.

Estimated Employee Retention Tax Credit Scam

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Eligibility

The Employee Retention Credit (ERC) can be claimed by businesses that have suffered a decline in gross sales or been suspended because of a COVID-19 government order.

The main difference between the 2020 and 2021 ERC requirements is the gross receipts decline test.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, 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

The ERC is available to businesses in two different 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 in Gross Receipts: An eligible business who has suffered a significant decrease in gross receipts as a result of COVID-19 may also be eligible for 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

You can use the following examples to demonstrate each eligibility criterion.

A government order can suspend a person’s rights in full or part

  • 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 may be available for a retailer that suffers a drop of 50% in sales caused by 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

The Employee Retention Credit (ERC) is a tax credit that businesses can claim for qualified wages paid to employees during the COVID-19 pandemic.The amount of credit depends on the number of employees and the quarter.

In 2020, the credit will be equal to half of all wages that employees are entitled to receive up to $10,000.A business can receive up to $5,000 in credit per employee for the year 2020.

For the three first quarters of the year 2021, the credit is equal to 70% of the wages qualified to be paid. There is a limit of $10,000 per employee per quarter.This means that a business could receive a credit of up to $7,000 per employee per quarter for the first three quarters of 2021, for a total of up to $21,000 per employee for the year.

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Claim the Credit

How to Claim ERC for 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 also be filed for any other quarters in which a business may have been eligible for credit.

Claim the ERC in Advance

There are three options available to businesses for claiming ERC:

  • Claim credit in advance. Businesses can claim credit in advance by reducing their quarterly deposits for employment tax.To do this, business must file IRS Form 7220, Advance Payment for Employer Credits & Taxes.
  • Reduce employment taxes deposits. Businesses are also able to reduce their quarterly employment tax deposits by the amount expected credit.To do so, businesses must fill out Form 941 at the IRS. They will need to indicate how much credit they intend to reduce.
  • Businesses who have already paid employment taxes may request a credit refund by filing IRS Form 941X.

Calculating the Credit Amount and Avoiding Double Dipping with Other Relief Programs

The amount of the ERC is calculated by multiplying the qualified wages paid to employees by the applicable credit rate.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 Documenation

Businesses must keep detailed records on all wages paid during the ERC.This will enable businesses to accurately determine the amount of credit that they are eligible for, and to back up their claim should it be audited. Estimated Employee Retention Tax Credit Scam

Here are a few tips for documenting and keeping records:

  • Keep a copy of all payroll records, including W-2 forms and Form 941s.
  • Keep track of all hours worked by employees, including vacation, sick, and holiday time.
  • Keep track of the wages you pay to your employees. This includes base wage, bonuses, and overtime pay.
  • Keep track of government orders affecting your business.

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

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Examples of Eligible Businesses

Businesses impacted by COVID-19 are eligible for the Employee retention credit (ERC).Here are some businesses that could be eligible for Employee Retention Credit.

  • Restaurants closed due to government orders
  • Retail stores that experienced a significant decline in sales
  • Manufacturers unable to operate at full capacity due to supply chain disruptions
  • Donations for nonprofit organizations are down
  • Hotels and other hospitality business
  • Travel and tourism companies
  • Entertainment and event businesses
  • Personal care businesses
  • Gyms, fitness studios
  • Salons & spas
  • Retail shops selling non-essential items
  • Businesses that have been required to operate in a reduced capacity
  • Businesses who are required to implement new safety standards and protocols
  • Costs incurred by businesses as a result of COVID-19

Aside from these examples, businesses that have been fully or partly suspended by a government directive or who have experienced a significant drop in gross receipts as a result of COVID-19 are also eligible for ERC. Estimated Employee Retention Tax Credit Scam

Here are a few examples of specific ways businesses have used their 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.
  • An ERC offset the payroll costs of a retail shop that saw a 50% decrease in sales because of COVID-19.
  • The ERC allowed a manufacturer who was not able to operate at its full capacity because of supply chain disruptions to continue producing essential goods and keep their employees on the payroll.
  • 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, there are scammers who are trying to take advantage of businesses that are eligible for the Employee Retention Credit (ERC).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 warning signs and red flags to identify potential 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.
  • High-pressure sales tactics are used. Estimated Employee Retention Tax Credit Scam
  • They do not belong to an organization that is reputable.
  • Your personal or financial data is requested upfront.

Reporting Suspicious Activities and Protecting Personal Information

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

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 want to know if a particular business is legit, check online reviews. Or contact the IRS.

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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.We have discussed eligibility requirements, claiming processes, and possible scams related the ERC.

Also, we have provided some resources and tips for documenting and keeping records.ERCs are a valuable tool that employers can use to lower their employment tax liability and improve their cash flow. They also help support their workforce.If you are an eligible employer, we encourage you to claim the credit and seek professional assistance if needed.

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Employee Retention Credit: Frequently Asked Questions

Estimated Employee Retention Tax Credit Scam

What is ERC?

It is a refundable tax credit available to businesses that were impacted by the COVID-19 pandemic.

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 is eligible for the ERC?

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?

Included in qualifying wages are wages, salaries, and tips paid to employees.

Employer-paid health insurance premiums also qualify as wages.

How do I claim ERC?

Businesses can claim the ERC by filing an amended Form 941 or Form 941-X with the IRS.The amended Form 941X must be filed no later than three years after the original Form 941.

Do I have to pay back 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 individuals claim the ERC?

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

Schedule C forms can be claimed by individuals who are self-employed.

Can nonprofit organizations claim ERC?

Nonprofit organizations can apply for the ERC.

Nonprofits can claim ERC on Form 990 T.

Can companies with a foreign subsidiary 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?

When claiming your ERC; businesses must be aware of the following mistakes:

  • The credit calculation is incorrect
  • Include all wages that qualify
  • Failure to amend Form 941-X on time.
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