Q3 2023 Employee Retention Credit

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The COVID-19 epidemic has caused havoc in businesses of all sizes. Many have been forced to close or lay off their employees.Employee Retention (ERC) Credit is available to businesses that need it.

The ERC is an refundable tax credit which businesses can claim for wages that were paid to their employees during the pandemic.It is designed to help businesses keep their employees on payroll, even if they are unable to operate normally.

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 CreditQ3 2023 Employee Retention Credit

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.

ERCs are available to all businesses, even tax-exempt ones.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 can provide a significant financial boost to businesses that have been impacted by the pandemic.It can assist businesses in retaining their employees, covering payroll costs, as well as investing in their future.

Why was ERC created

The COVID-19 pandemic triggered a severe economic recession, forcing many companies to layoff their employees or close down.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

ERCs can give businesses impacted by pandemics a financial boost.It can also assist businesses in retaining their employees. This is vital for a fast recovery.

The ERC, which is a tax credit that is claimed even by businesses who do not owe a dime in taxes, is refundable.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. Q3 2023 Employee Retention Credit

Impact of ERC on Business and the Economy

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

It is estimated that the ERC has saved more than 10 million jobs, and prevented hundreds of thousands of businesses from shutting their doors.It also contributed to the recovery of the economy by increasing consumer spending, and investing.

Q3 2023 Employee Retention Credit

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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 only difference between ERC 2020 requirements and those of 2021 is the test for gross receipts.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, a business must have experienced a significant decline in gross receipts of at least 20% compared to the same quarter in the previous year.

Business Qualifications

Businesses can qualify for the ERC in two ways:

  • ERC eligibility is based on whether the business has been suspended completely or in part due to COVID-19.This includes businesses that have been ordered to close, operate at a reduced capacity, or follow certain restrictions.
  • 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.Significant decline in Gross Receipts: A business that has experienced a significant decline in its gross receipts due to COVID-19 is also eligible for the ERC.

Examples and Scenarios

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

Orders from the government can be used to suspend or fully suspend your work.

  • ERC can be claimed by a restaurant forced to shut down due to an order from the government.
  • 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 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

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 varies depending on the quarter and the number of employees a business has.

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 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.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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Claiming the Credit

How to Claim ERC in Federal Employment Taxreturn

For businesses to claim Employee Retention Credit on federal employment taxes, they must amend Form 941X – Adjusted Employer’s quarterly Federal Tax Return (or Claim for refund) – in order to do so, they will need to file Form 941X.This form is applicable to any quarter during which the business qualifies for the credit.

Claim the ERC by Claiming it in Advance

Businesses have three options to claim the ERC.

  • Claim credit in advance. Businesses can claim credit in advance by reducing their quarterly deposits 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 can ask for a refund if they have already paid the employment tax. They should file Form 941-X at the IRS.

Calculating the Credit Amount and Avoiding Double-dipping with Other Relief Programs

The ERC is calculated as the product of the employee’s qualified wage multiplied by the applicable credit rates.The credit rates for 2020 are 50% and 70% in the first 3 quarters of 2021.

Businesses should be careful to avoid double-dipping with other relief programs.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

Keep detailed records for all wages that were paid to employees in the ERC period.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. Q3 2023 Employee Retention Credit

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 at all times of employee hours, including vacation, sick and holiday leave.
  • Track all employee wages, including bonuses, overtime, and base pay.
  • Track any government orders which may have an impact on the 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 that are affected by COVID-19 can receive the Employee Retention (ERC).Below are some business examples that may be eligible for Employee Retention Credit.

  • Restaurants are forced to close by government order
  • Retail stores that experienced a significant decline in sales
  • Supply chain disruptions prevent manufacturers from operating at full capacity
  • Donations for nonprofit organizations are down
  • Hotels and other hospitality businesses
  • Travel and tourism businesses
  • Entertainment and Event Businesses
  • Personal care businesses
  • Gyms and fitness studios
  • Salons & spas
  • Stores that sell non-essential merchandise
  • 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

The ERC may also be available to businesses that were suspended or partially by government orders or experienced a substantial decline in gross revenues due to COVID-19. Q3 2023 Employee Retention Credit

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.
  • A retail store which experienced a drop of 50% in sales due COVID-19 could offset its payroll expenses by using the ERC.
  • 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.They can help you to determine your eligibility and to claim the credit if you are eligible.

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Avoiding Scams

Risks of ERC Scams and Aggressive Marketing

Unfortunately, there are scammers that try to take advantage business owners who are eligible for Employee Retention Credits (ERC).Scammers will use aggressive marketing techniques to get businesses to sign up, even if they are not eligible for ERC.

Warning Signs and Red Flags

There are warning signs that could indicate an ERC scammer.

  • They guarantee to refund your money without looking into your records.
  • You will be charged high fees upfront, or a percentage of your refund.
  • They use high-pressure sales tactics. Q3 2023 Employee Retention Credit
  • They are not members of a reputable professional tax organization.
  • The first thing they ask you for is your personal and financial information.

Reporting Suspicious Activity and Protecting Personal Data

If you are contacted by an ERC scammer, you should report the activity to the IRS.Call 1-800-829-1040 to report the scam or visit the IRS website.

You should also be careful to protect your personal and financial information.You should not provide your personal information to anyone contacting you uninvited.You can find reviews of a company online, or you can contact the IRS if you’re unsure.

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Conclusion

In this article, we have discussed the Employee Retention Credit (ERC), a tax relief program that helps eligible employers keep their employees on payroll 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 can be a valuable benefit for employers, helping them reduce their employment taxes, improve their cashflow, and support their employees.If you are eligible, we encourage to claim credit. Professional assistance may be needed if required.

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Frequently Asked Questions about Employee Retention Credits

Q3 2023 Employee Retention Credit

What is ERC?

Businesses that have been affected by the COVID-19 epidemic can claim a refundable credit.

This credit is equal in value to 50% of wages qualified to be paid in 2020. It is also equal in value to 70% of wages qualified to be paid in the first 3 quarters of 2021.

Who is eligible for ERC funding?

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 is a qualified wage?

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

The employer’s health insurance premiums are also included in the calculation of wages.

How can I claim my ERC?

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

Do I have to repay my 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?

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

Businesses cannot claim the ERC for wages that were also used to claim the PPP loan.

Can self-employed people claim the ERC?

Self-employed individuals can apply for the ERC.

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

Can nonprofit organizations claim ERC?

Yes, nonprofit organizations are eligible 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.

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

Are there common mistakes that businesses make when claiming ERC to watch out for?

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

  • The credit calculation is incorrect
  • Failure to include all qualified wages
  • Failure to amend Forms 901-X by deadline
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