Employee retention credit is a tax benefit offered to employers who retain their employees after they have been employed for at least six months. ERC is based on the amount of money paid to each employee over the course of the year. Originally available from March 13, 2020, through December 31, 2020, the ERC is a refundable payroll tax credit created as part of the CARES Act. The purpose of the ERC was to encourage employers to keep their employees on payroll during the pandemic.
When the Covid-19 virus started, and organizations all over were told to discontinue operations, Congress approved programs to offer financial assistance. One of these programs goes by the name employee retention credit (ERC). The ERC gives qualified employers payroll tax credits for health insurance and wages paid to employees.
Determining eligibility depends on the period you’re applying for. For example: to be eligible for 2020, a business (or tax-exempt organization) would have had to have been partially, or fully shut down strictly due to Covid-19. Furthermore, showing that the business experienced a significant decline in sales (more specifically; less than 50% of comparable gross receipts compared to 2019) is required.
If you're going for eligibility in 2021, it must be shown that the business experienced a decline in gross profits by 80% compared to the same time in 2019. If you weren’t in business in 2019, you can compare your gross receipts to 2020.
Eligible employers and borrowers that took out a Paycheck Protection Program loan can claim up to 50% of qualified wages, (which includes eligible health insurance expenses) The Consolidated Appropriations Act (CAA) expanded the ERC. Employers that qualified in 2021 can claim a credit of 70% in qualified wages.
The CARES Act does prohibit self-employed individuals from claiming the ERC for their own wages. You also can’t claim wages for specific individuals who are related to you, but you can claim the credit for wages paid to employees.
What counts as qualified wages depends on the size of your business and how many employees you have on staff. There’s no size limit to be eligible for the ERC, but small and large companies are treated differently.
For 2020, if you had more than 100 full-time employees in 2019, you can only claim the wages of employees you retained but were not working. If you have fewer than 100 employees, you can claim everyone, whether they were working or not.
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