The Updated Employee Retention Credit
A Payroll Tax Credit for Retaining Your Employees
What is the ERC?
To help businesses retain employees and keep them employed during the COVID-19 crisis, the Coronavirus Aid, Relief, and Economic Security (CARES) Act created the Employee Retention Credit (ERC) for 2020. The ERC is a refundable payroll tax credit for "qualified wages" that were paid to retained full-time employees between March 13 and Dec. 31, 2020. The credit was been extended through December 2021 via the Rescue Act.
Who is Eligible?
Businesses ordered to fully or partially shut down operations of your trade or business because of governmental orders limiting commerce, travel or group meetings due to COVID-19, or
Businesses who experienced a decline in gross receipts by 50% or more for the same quarter in 2019 (for 2020) and by 20% or more (for 2021).
Nonprofits are also eligible.
How much is the ERC worth for 2020?
A refundable credit of up to $5,000 for each full-time employee retained between March 13 and December 31, 2020. It is calculated as 50% of the qualified wages (up to $10,000) that an employer paid to employees between March 13, 2020 and December 31, 2020.
Example: If you retained 20 employees on your payroll between March 13 and December 31, 2020 and you paid each of them at least $10,000 during the year, you would be eligible for a $5,000 credit per employee = $100,000.
More 2020 highlights:
The Consolidated Appropriations Act (CAA) includes the following retroactive changes to the ERC. These changes apply to the period from March 13 through Dec. 31, 2020.
If your business received Paycheck Protection Program (PPP) loans, you can claim the ERC for qualified wages not paid with proceeds from the forgiven portion of your PPP loan.
The CAA clarifies how qualifying tax-exempt organizations determine “gross receipts.”
Group healthcare expenses are considered “qualified wages.” This is true even if no other wages are paid to that employee.
How much is the ERC worth for 2021?
In 2021, the ERC credit is up to $7,000 per employee per quarter, for Q1 and Q2, applied to Social Security. With the passing of the Rescue Act, in quarters after June 30,2021, the credit is now applied against Medicare instead of Social Security. Any excess credit remains refundable. This is calculated at 70% of qualified wages (up from 50%) that your business pays to each employee, up to $10,000 per quarter = up to $28,000 per employee for 2021.
Example: If your business retains 20 employees on your payroll between January 1, 20201 and December 31, 2021 and you pay them at least $10,000 per quarter, you would be eligible for a $7,000 credit per employee, per quarter = up to $560,000
More 2021 highlights:
In 2021, your eligibility as an employer is based on your gross receipts declining by 20% or more (versus 50% in 2020) when compared to the same quarter in 2019.
To determine eligibility for Q1 and Q2 of 2021, you can elect to measure the decline in your gross receipts using the immediately preceding calendar quarter (i.e., Q4 of 2020 and Q1 of 2021, instead of Q1 and Q2 respectively) compared to the same calendar quarter in 2019.
If you weren't yet in business in 2019, you can use the corresponding quarters from 2020 to determine eligibility.
If you have fewer than 500 full-time employees, you may advance ERC payments during the quarter in which the wages were paid to those employees. This includes seasonal employers and employers not in existence in 2019.
For 2021 the definition of large employer changes from more than 100 to more than 500 employees which allows you to use a broader definition of qualified wages if you fall within that threshold. Therefore, you can count wages paid to both active (working) employees and those not providing services.
The CAA also removes the limit on qualified wages defined as no more than the employee would have received in the 30 days before the qualifying period. Now, for example, you can take the ERC if you pay a bonus to an essential worker
According to the Rescue Act, qualified wages under the ERC do not include wages used to calculate the new restaurant revitalization grant.
The Rescue Act provides that “severely financially distressed employers” may treat all wages paid to employees as qualified wages, regardless of the size of the employer and number of employees. A “severely financially distressed employer” is an employer that experienced a gross receipts reduction of more than 90% compared to the same quarter in 2019.
The expansion for startup businesses and severely financially distressed employers only applies for the third and fourth quarters of 2021. The amendments to the ERC made by the Rescue Act are effective for calendar quarters after June 30, 2021.
The period for assessment for a taxpayer taking the ERC has been extended from the usual three years to five years.
Startup Businesses - Recovery Startup Businesses
The ERC impacts other tax credits and relief.
An eligible employer's ability to claim the ERC is impacted by other credit and relief provisions:
A denial of double benefit disallows taxpayers from successfully claiming both the Employee Retention Credit and the Research & Development (R&D) Tax Credit.
Employees are not counted toward the ERC if the employer is allowed a Work Opportunity Tax Credit (WOTC).
Wages for the ERC do not include wages for which the employer received a tax credit for paid sick and family leave under the Families First Coronavirus Response Act.
Wages counted for this credit can't be counted toward the credit for paid family and medical leave.
If an employer receives a Small Business Interruption Loan under the Paycheck Protection Program, as authorized under the CARES Act, then the employer was not eligible for the ERC in 2020. However, the CAA changed this rule, retroactive to March 27, 2020, and borrowers of PPP loans are now eligible to claim the Employee Retention Credit. However, to the extent that an eligible employee’s wages are used to substantiate the forgiveness of a PPP loan, those same wages cannot also be used to claim the Employee Retention Credit.
The Rescue Act contains a new provision for 2020 startups—referred to as a “recovery startup businesses”.
Established after February 15, 2020
Annual gross receipts are limited to $1 million
Meets the ERC eligibility test even when it doesn't meet the general ERC employer requirements (reduction of gross receipts, suspension by government mandate, etc.)
Credit is limited to $50,000 per quarter.
The ERC is only available for Q3 and Q4 for "Recovery Startup Businesses" under the Rescue Act.
How Can My Company Access the ERC?
You can immediately claim the ERC by reducing payroll taxes you send to the IRS.
In order to claim the new version of the ERC, eligible employers must report their total qualified wages and the related health-insurance costs for each quarter on their quarterly employment tax returns, which will be Form 941 for most employers.
For 2020 - Q2 of 2021, the credit is taken against your employer's share of Social Security tax, but the excess is refundable.
For 2021 Q3-4, the credit is applied against Medicare, and any excess is refundable.
If your ERC credits exceed payroll taxes, you can request a direct refund from the IRS.
Contact us for help to calculate and claim your ERC.
Calculating the Employee Retention Credit can be time-consuming and labor-intensive. Substantiating this credit involves reviewing payroll and financial records as well as any mandated closures that have impacted your business. And for businesses, taking advantage of other tax credits and government relief, the ERC requires consideration as to which tax credits are the most beneficial.
Contact us at 214.414.9881 to discover how your business can maximize these tax credits!