02 Jan, 2021
The employee retention credit is a fully refundable payroll tax credit that provides relief to certain businesses impacted by COVID-19, as an incentive for businesses to keep employees on their payroll during the pandemic. Commonly referred to as Section 206, payroll tax, ERC and ERTC Do I Qualify for the Employee Retention Credit for 2021? As part of the CARES Act and the Consolidated Appropriations Act, businesses can claim the employee retention credit for wages paid in 2021, if they meet certain requirements. Employee Retention Credit for 2021 Details The employee retention credit (also referred to as the ERC or ERTC) exists as part of the CARES Act and the Relief Act to provide relief to businesses during the COVID-19 pandemic. Section 207 of the Relief Act extended the availability of the tax credit into 2021. How does the Employee Retention Credit work? Q1 and Q2 2021—Businesses can receive a credit of up to 70% of qualified wages, up to a maximum of $7,000 per employee per calendar quarter for a total of $21,000 per calendar year. (Separate rules apply for employers with more than 500 employees.) The credit is claimed against the employer portion of the Social Security (OASDI) tax. To qualify for the credit, the business owner must to prove their business either : Test 1: Was shut down by the government (fully or partially) due to COVID-19. Test 2: Experienced a large drop (20% for ERTC the 2021 credit) in year-over-year gross receipts (i.e., total revenue during the period) when comparing a 2021 quarter with the same quarter in 2019 or an alternative quarter. Q3 2021—Most businesses can receive a credit of up to 70% of qualified wages, up to a maximum of $7,000 per employee per calendar quarter. (Separate rules apply for employers with more than 500 employees.) To be eligible to claim the tax credit, the business must have experienced a full or partial government shutdown or a decline of more than 20% in gross receipts when comparing a 2021 quarter with the same quarter in 2019. Exceptions are available for: Severely financially depressed employers—100% of wages are eligible for the credit if the business experienced a reduction in gross receipts of more than 90% during the third quarter of 2021, compared to the same quarter in 2019. Recovery startup businesses—Businesses that started on or after February 15, 2020, and have annual gross receipts of less than $1M can take a maximum credit of $50,000 in Q3 2021. The credit is claimed against the employer portion of the Medicare (HI) tax. Benefits Reduces payroll tax. Provides a dollar-for-dollar credit. May generate a refund if the amount of the credit is more than certain federal employment taxes the employer owes. Considerations Must be substantiated with proof of a government shutdown, book records and/or tax returns. May conflict with other credits, such as the work opportunity tax credit or the emergency sick leave credit. Wages used to claim the credit can't be deducted from taxable income. Conflicting strategy—Work Opportunity Tax Credit Assumptions When Taking the Employee Retention Credit for 2021 The business owner didn't use the same qualified employee payroll costs to qualify for the ERC as they did for PPP loan forgiveness, the R&D credit, the work opportunity tax credit or other credits. The company was hurt by the COVID-19 pandemic or was a recovery startup business. The business has at least one employee. Requirements to Claim the Employee Retention Credit for 2021 The business must have experienced at least a 20% reduction in gross receipts in 2021 from a corresponding quarter in 2019, had their business fully or partially suspended during at least one quarter in 2021 or be considered a recovery startup business. Conflicting Strategies Work Opportunity Tax Credit Business Entities That Can Claim the Employee Retention Credit for 2021 Schedule C Schedule F S Corporation C Corporation