What is Employee Retention Credit? How to Apply for Employee Retention Credit?

What is Employee Retention Credit? 

The Employee Retention Credit (ERC or ERTC) is a tax credit designed for businesses and tax-exempt organizations that continued to pay employees during the COVID-19 pandemic, particularly when faced with government-ordered shutdowns or experiencing a required decline in gross receipts in 2020 and 2021. It serves as financial support to encourage employers to retain their workforce during challenging economic conditions.

However, the IRS emphasizes the complexity of the ERC and warns against misleading marketing practices that may lead ineligible taxpayers to claim the credit. Eligibility criteria include operating a trade, business, or tax-exempt organization, having employees, and paying wages between March 13, 2020, and Dec. 31, 2021.

How to Apply for Employee Retention Credit?

Applying for the Employee Retention Credit (ERC) involves filing adjusted employment tax returns, specifically Form 941-X for employers who file quarterly. Here is a detailed guide on how to apply for the Employee Retention Credit using Form 941-X:

Eligibility Verification

• Ensure that your business is eligible for the Employee Retention Credit. Review the eligibility criteria provided by the IRS.

Gather Necessary Information

• Collect all relevant information, including payroll records and other documentation needed to support your claim for the ERC.

Quarterly Filing

• If your business files quarterly employment tax returns, you will use Form 941-X, Adjusted Employer's Quarterly Federal Tax Return or Claim for Refund.

Download Forms and Instructions

• Obtain the necessary forms and instructions for the applicable tax period. For example, if you are filing in April 2023, use the April 2023 revision of Form 941-X.
• Download Form 941-X from the IRS website and ensure you have the most recent version to avoid errors.

Complete Form 941-X

• Fill out Form 941-X accurately. Provide detailed information about the adjustments you are making, especially regarding the Employee Retention Credit for the relevant tax periods.

Deduct Wages

• If you are claiming the Employee Retention Credit, remember that you must reduce your deduction for wages by the amount of the credit for the same tax period.

Amend Income Tax Return

• If you file Form 941-X to claim the ERC, be aware that you may need to amend your income tax return (e.g., Forms 1040, 1065, 1120, etc.) to reflect the reduced deduction for wages.

Submission

• Submit the completed Form 941-X to the IRS according to the instructions provided. Ensure that all required supporting documentation is included.

When is ERC Tax Credit Deadline?

Better Business Advice, a prominent source for business tax advice, has recently released updated information regarding the Employee Retention Credit (ERC) tax deadlines as of June 2023.

According to their comprehensive guidance, businesses still have the opportunity to file ERC claims for the years 2020 and 2021. However, it is essential to adhere to the specified deadlines. For all quarters in 2020, the deadline for filing ERC claims is set at April 15, 2024. Similarly, for the entirety of 2021, businesses must ensure that their ERC claims are submitted by April 15, 2025.

This valuable information is particularly crucial for businesses affected by the COVID-19 pandemic, as the ERC can provide significant financial relief through payroll tax credits. Staying up-to-date with the current ERC deadlines is vital for businesses looking to take full advantage of this beneficial credit and navigate the tax implications effectively. By consulting Better Business Advice's guidance, businesses can ensure compliance with the latest ERC claim deadlines and optimize their financial strategies accordingly.

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What is an Example of Employee Retention Credit?

The Employee Retention Credit (ERC) is a government initiative aimed at providing financial relief to businesses that retained their employees during the COVID-19 pandemic. Here are two examples illustrating how the ERC works:

A Nonprofit with 20 Employees

A small nonprofit with 20 employees experienced partial shutdowns in three quarters of 2020 (Q2, Q3, and Q4). Despite having fewer than 100 employees, the organization qualifies for the ERC because of the government-ordered shutdowns. The ERC allows the business to claim 50% of up to $10,000 for each employee across all quarters. In this case, the nonprofit can claim $5,000 per employee per year, totaling $100,000. To receive the credit, the business submits Form 941-X for each applicable quarter, and the IRS issues a cash payment.

A Catering Business with 10 Employees

A small catering business with 10 employees experienced a 50% loss in gross receipts in Q3 of 2021 compared to Q3 of 2019. This decline makes the business eligible for the ERC. The credit allows the business to claim 70% of up to $10,000 for each employee paid in that quarter. Therefore, the business can claim $7,000 per employee, totaling $70,000. Similar to the nonprofit example, the business submits Form 941-X for the specified quarter to retroactively claim the credit, and the IRS issues a cash payment.

How is the Employee Retention Credit Calculated?

The Employee Retention Credit (ERC) is a valuable tax credit designed to support small business owners who retained employees during the challenges of the COVID-19 pandemic. Understanding how to calculate the ERC is crucial for businesses seeking to maximize this credit. Below is a breakdown of the calculation process:

Regular ERC Calculation

Qualified Wages

• In 2020, the ERC allows a credit of 50% of the first $10,000 in qualified wages per employee.
• In 2021, the credit increases to 70% of each employee’s first $10,000 in qualified wages per quarter.

Eligibility Based on Employee Count

• For 2020, if your average employee count in 2019 was less than 100, all wages are considered qualified. If it exceeds 100, only wages paid to inactive employees qualify.
• In 2021, the threshold increases to 500 employees, but the determination is still based on the 2019 staff count.

Health Plan Expenses

• When calculating qualified wages, businesses can include group health plan expenses, covering the employer's portion and pre-tax salary reduction contributions from employees.

ERC Tax Credit Eligibility

The Employee Retention Credit (ERC) is a valuable tax credit designed to provide financial relief to businesses and tax-exempt organizations affected by the COVID-19 pandemic. Eligibility for the ERC is determined based on specific criteria, and understanding these requirements is crucial for businesses seeking to claim this credit.

Eligibility Criteria

General Eligibility

• Eligibility is not universal, and each employer's qualification depends on their specific circumstances.
• Some promoters incorrectly assert that every employer qualifies, but this is not accurate.

Claim Period

• The ERC can be claimed for qualified wages paid between March 13, 2020, and December 31, 2021.

Governmental Orders

• Employers must have sustained a full or partial suspension of operations due to a government order limiting commerce, travel, or group meetings because of COVID-19.
• The order must have been in effect during 2020 or the first three quarters of 2021.

Gross Receipts Decline

• Alternatively, eligibility is established if there was a significant decline in gross receipts during 2020 or a decline in the first three quarters of 2021.
• This decline is measured according to specific IRS guidelines.

Recovery Startup Business

• Employers can qualify if they are deemed a recovery startup business for the third or fourth quarters of 2021.
• Recovery startup businesses started after February 15, 2020, and must meet certain criteria.

Self-Employed Individuals

• Self-employed individuals with employees may be eligible based on qualified wages paid to their employees.
• Notably, self-employed individuals cannot include their self-employment earnings in the calculation.

U.S. Territories

• Employers in U.S. territories are eligible if they meet other specific eligibility requirements.