Employee retention tax credits have been gaining a lot of attention in recent months as business owners across the country look for relief from the economic challenges posed by the pandemic. The Employee Retention Credit (ERC) is a tax benefit of up to $5,000 per employee per quarter, created under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, for employers negatively impacted by coronavirus. While the ERC is a helpful relief measure, many employers still have questions about how it works and how they can maximize their benefit. In this blog, we’ll answer the most popular questions employers have about the ERC and provide the most up-to-date information on the program.
What Is the Employee Retention Tax Credit (ERC)?
The Employee Retention Tax Credit (ERC) is a refundable tax credit introduced in 2020 as part of the CARES Act. According to the IRS, the ERC is “designed to encourage businesses affected by the COVID-19 pandemic to keep employees on their payroll by providing a refundable credit against certain payroll taxes.”
In order for employers to qualify for the ERC, their business must have experienced a full or partial suspension of operations due to an officially ordered or mandated shutdown related to the coronavirus. Additionally, their gross receipts must be lower than either 50% of their 2019 amounts or 80% of their 2020 amounts.
What Is the Maximum Benefit of the ERC?
The maximum benefit of the ERC is $5,000 per employee per quarter. Employers can receive up to $7,000 per employee per quarter if the employee receives paid sick or family leave wages in addition to the $5,000 credit.
Who Is Eligible to Receive the ERC?
Eligible employers can be any business, regardless of size or sector, that has experienced a full or partial suspension of operations due to an officially ordered or mandated shutdown related to the coronavirus, or has seen a 50% or greater reduction in gross receipts compared to the same quarter in the prior year.
Tax-exempt 501(c)(3) organizations are eligible to receive the ERC, and newly established businesses can also be eligible. In addition to eligible businesses, qualifying employees must meet certain criteria in order to be eligible for the ERC benefit. Qualifying employees must have been employed by the employer for at least 90 days and must have had their compensation reduced or suspended due to the pandemic.
What Are the Eligible Wages for the ERC?
The ERC is available for only certain wages paid to employees. Eligible wages for the ERC are those paid after March 13, 2020, and before December 31st, 2021. Employers can claim the ERC for any wages paid that meet the eligibility criteria, including wages paid to temporary, part-time, and seasonal employees.
In addition to wages paid, employers are also able to claim a credit for the health insurance premiums paid by the employer. The health insurance premiums must have been paid while the employee was receiving eligible wages.
How to Calculate the ERC
The amount of the Employee Retention Credit can be calculated in two different ways: 1) based on the employer’s total wages paid to each employee who is eligible for the ERC and 2) based on the health insurance premiums paid by the employer for each eligible employee.
The ERC is a refundable tax credit, which means that if the amount of the credit is greater than the amount of the employer’s payroll taxes, the employer can receive a refund for the excess amount.
How to Claim the ERC
When it comes to claiming the ERC, employers are able to do so in two different ways: on their quarterly taxes or as part of their federal employment tax return.
In order to claim the ERC on their quarterly taxes, employers are required to report their eligible wages on the quarterly 941 form. When it comes to the health insurance premiums, employers are required to report them on the lines 14b and 14c of the 941 form.
In order to claim the ERC as part of their federal employment tax return, employers can take the credit on line 9 of their form 944, which is the annual federal employment tax return.
What Are the Requirements for Documentation and Recordkeeping?
When it comes to claiming the ERC, employers are required to have documentation to support their claim. Employers must have documentation to validate their eligibility, such as documentation that proves they were affected by the pandemic or a reduction in their gross receipts compared to the same quarter from the previous year.
For employers claiming the credit for wages paid, they must have documentation showing the date of payment and the amount paid for each employee. For employers claiming the credit for health insurance premiums, they must have documentation to show the premiums paid for each employee.
Conclusion
The Employee Retention Tax Credit (ERC) is a great source of relief for employers affected by the pandemic. With up to $5,000 per employee per quarter available, many businesses have made use of the ERC to mitigate their losses due to the downturn in business. However, employers must still ensure that they meet all the requirements for eligibility and that they are able to provide the necessary documentation and records to support their claims. With the right information and understanding of the ERC program, employers can make the most of the tax benefit and ensure their successful financial recovery from the pandemic.