Categories: ERC

How to apply for Employee Retention Credit

The COVID-19 pandemic has had a significant impact on businesses of all sizes, forcing them to confront unprecedented challenges. As a result, the US government has implemented various stimulus measures, including the Employee Retention Credit (ERC), to provide financial assistance to struggling businesses.

The ERC is a tax credit that allows eligible businesses to recover earnings paid to employees who were unable to work during the pandemic. This credit can be a valuable source of relief for businesses, potentially putting tens of thousands of dollars back into their pockets.

However, determining eligibility and calculating the tax credit for ERC can be a complicated and time-consuming process. To maximize the benefits of the ERC, businesses need to have a clear understanding of the criteria for eligibility, the process of claiming the credit, and the details of the program.

In this article, we provide insights on how to apply for and claim the Employee Retention Credit effectively and efficiently. We also explain the criteria to determine if your business is eligible for the program and provide an ERC PDF download, a 2021 worksheet, and an example to assist businesses with maximizing their benefits.

Criteria for Eligibility

To determine if your business is eligible for the Employee Retention Credit program, it is important to gather essential company, payroll, and employee information, as well as 2019 full-time employee information and sales revenue data, which serve as the foundation to maximize benefits, such as claiming up to $26,000 per employee based on eligibility.

Eligible employers must have experienced a significant decline in gross receipts, which is a reduction of 20% or more in gross receipts from the same quarter in 2019. Alternatively, employers can qualify for ERC credit if their business operations were fully or partially suspended due to a government order related to COVID-19.

In addition, the amount of employee retention credit that an employer may claim is based on the qualified wages paid to each employee during the applicable quarter. The credit is equal to 70% of the qualified wages paid to each employee, up to a maximum of $10,000 per employee per quarter.

It is important to note that ERC cannot be used to cover earnings that have been forgiven or are projected to be forgiven under the PPP. Therefore, businesses must carefully consider their options and eligibility criteria before applying for the Employee Retention Credit.

Claiming ERC

The process for claiming the ERC involves gathering and disclosing essential company, payroll, and employee information to the IRS. This information includes PPP loan documents, 2019 full-time employee data, and sales revenue information.

Employers can claim the ERC on their federal payroll tax filings using Form 941. Alternatively, they can use Form 7200 to obtain an advance payment for the ERC until August 2, 2021. Delaying the ERC claim on payroll tax files and then amending the filings may be useful to accurately calculate the credit, as well.

It is important to note that most taxpayers will benefit more from the PPP loan cancellation than the ERC. However, businesses with PPP loans can still apply for ERC in 2021. Employers can claim ERC for eligible salaries not recognized as payroll expenditures.

The ERC is taxed as it lowers payroll costs, and credits can be used to lower payroll taxes paid to the IRS. If the credits exceed payroll taxes, a direct refund can be requested. It is crucial to follow the outlined procedures and file Form 941 quarterly with payroll to claim the ERC.

Details of ERC

The Employee Retention Credit (ERC) is a refundable tax credit that allows businesses to recover earnings paid to employees who were unable to work during the previous quarter due to COVID-19. Eligible employers can reclaim an increase of up to $10,000 per person per year for wages generated between March 13 and Dec 31, 2020.

This credit rate of qualified wages for the first three quarters of 2021 is 70%, and businesses can claim up to 70% of the salary paid for each calendar quarter, up to $10,000. However, the ERC can only be used to cover earnings that have not been forgiven or are projected to be forgiven under the PPP, which means that businesses with PPP loans may face limitations when utilizing this credit.

To maximize ERC benefits, businesses must disclose their entire qualifying salaries and related health insurance expenditures on their quarterly employment tax returns. The ERC statute was extended by the Consolidated Appropriations Act, which takes effect on Jan 1, 2021.

The American Rescue Plan Act of 2021 prolonged the previously strengthened 2021 ERC for another six months, to December 31, 2021. However, determining eligibility and calculating tax credit for ERC might be complicated, and the IRS has many techniques for evaluating eligible health expenditures, depending on the circumstances.

Calculating Tax Credit

Calculating the tax credit for the Employee Retention Credit can be a complex process due to the various factors involved. First and foremost, businesses need to determine their eligibility for the credit based on their quarterly gross receipts. They also need to calculate their qualified wages, which include both cash wages and health expenses, and ensure that they meet the requirements outlined in the ERC documentation. Moreover, businesses need to evaluate eligible health expenditures, which can be challenging given the different techniques used by the IRS to assess them.

To maximize credits, businesses should consider seeking professional assistance to navigate the ERC program's intricacies. Additionally, it's essential to keep accurate records and document all the necessary information to support the ERC claim. This includes payroll data, employee information, PPP loan documents, and sales revenue data. By doing so, businesses can ensure that they are claiming the correct amount of credit and avoiding any potential issues with the IRS.

ERC and PPP Loans

Businesses that have received PPP loans can still apply for the Employee Retention Credit (ERC) program, which provides a valuable tax credit for qualified wages paid to employees. While most taxpayers may benefit more from PPP loan forgiveness, the ERC can still provide a significant boost to businesses' bottom lines. To maximize benefits, businesses should take advantage of the ERC and PPP loan forgiveness together.

Here are some key points to keep in mind:

  1. ERC can be used for PPP forgiveness plan: Businesses can use the ERC to cover wages that are not forgiven under the PPP, maximizing the benefit of both programs.
  2. ERC is taxed as it lowers payroll costs: While the ERC can lower payroll taxes paid to the IRS, businesses should also consider the tax implications of the credit on their overall tax planning strategies.
  3. Delaying the ERC claim on your payroll tax files and then amending the filings may be useful to accurately calculate: Businesses can delay claiming the ERC on their payroll tax filings to ensure accurate calculations, and then amend the filings later to claim the credit.
  4. Direct refund can be requested if credits exceed payroll taxes: Businesses can request a direct refund if the ERC credits exceed their payroll taxes, providing a valuable boost to their cash flow.

By considering these strategies, businesses can maximize the benefits of both the ERC and PPP loan forgiveness programs. While navigating the requirements and regulations of these programs can be complex, seeking the guidance of a qualified tax professional can help businesses make the most of these valuable resources.

Frequently Asked Questions

Can ERC be claimed for employees who were laid off or furloughed prior to the pandemic?

No, the ERC cannot be claimed for employees who were laid off or furloughed prior to the pandemic. The credit is only available for eligible wages paid to employees who are still employed by the business.

Is there a limit to the number of employees for which ERC can be claimed?

The Employee Retention Credit (ERC) has no limit on the number of employees for which it can be claimed, as long as they meet ERC eligibility criteria. ERC retroactive claims can also be made for qualified wages paid to employees who were not previously claimed.

How long does it take to receive the ERC refund?

The processing time for ERC refunds varies depending on the case's complexity and the IRS's workload. However, businesses that meet ERC eligibility criteria and have proper documentation can expect to receive their refunds within a few weeks to a few months.

Can ERC be claimed for healthcare costs incurred by employees who were not affected by COVID-19?

Healthcare eligibility for ERC applies only to healthcare costs incurred by employees who were unable to work due to COVID-19. Non-COVID healthcare costs are not eligible for ERC, regardless of employee retention efforts.

Are there any penalties for incorrectly claiming ERC?

Employers who incorrectly claim ERC may face penalties, including interest and potential legal action. To avoid ERC mistakes, employers should ensure they meet eligibility criteria, accurately report wages and expenses, and maintain documentation. For example, a business in California was fined over $100,000 for incorrect ERC claims.

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