Updates on Employee Retention Credits (ERC)

by | Sep 20, 2024

The Employee Retention Credit (ERC) has been an essential tool for businesses navigating the financial challenges of the COVID-19 pandemic. Designed to encourage companies to retain employees during times of financial hardship, ERC offers substantial tax credits that can provide significant relief.

 

What is the Employee Retention Credit?

ERC is a refundable tax credit intended to support businesses by offering payroll tax relief. This credit is calculated based on a percentage of qualified wages that employers pay to their employees. Initially introduced through the CARES Act in 2020, the ERC has undergone various changes through subsequent legislation, including the Consolidated Appropriations Act and the American Rescue Plan Act.

Key Updates to ERC

Over time, several important changes have been made to the ERC program, impacting how businesses qualify for and calculate their credits:

  1. Extended Eligibility:
    • The ERC was extended through December 2021, allowing businesses to continue benefiting beyond the original 2020 timeline.
    • New rules expanded eligibility, allowing employers to claim credits even if they received Paycheck Protection Program (PPP) loans.
  2. Credit Amount Increase:
    • The original credit was capped at 50% of qualified wages, but this has increased to 70% for wages paid between January 1, 2021, and December 31, 2021.
    • The maximum credit for 2021 is now $28,000 per employee, compared to $5,000 per employee in 2020.
  3. Eligibility Criteria:
    • Businesses can qualify for ERC based on a significant decline in gross receipts or if their operations were fully or partially suspended due to government orders related to COVID-19.

Why Businesses Should Act Now

The window to claim ERC is closing, and businesses that haven’t yet applied should review their eligibility before it’s too late. The IRS allows businesses to retroactively claim the credit for 2020 and 2021 by filing amended payroll tax returns. This means even if a business was unaware of their ERC eligibility last year, they can still take advantage of these credits now.

Conclusion

Employee Retention Credits provide a lifeline to businesses by offering a substantial reduction in payroll tax liabilities. As the rules have evolved, more businesses now qualify for these credits, and the potential savings are significant. However, it’s essential for businesses to stay up-to-date with the latest IRS guidelines to ensure they are maximizing their potential benefits.

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Disclaimer: This blog post is for informational purposes only and does not constitute legal or tax advice. Consult with a qualified professional for specific advice regarding your business.

 

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