Employee Retention Credit

What is the ERC?

The ERC was instituted by the CARES act and initially provided a 50% refundable tax credit for companies that continue paying their employees, even though the business might be closed due to a COVID-19 lockdown, or suffering a significant decline in gross receipts due to loss of business. The Consolidated Appropriations Act, 2021 has effectively extended the Employee Retention Credit (“ERC”) to businesses that were previously excluded. The American Rescue Plan Act further extended the program through all quarters of 2021 and adds a separate $50,000 per quarter maximum aggregate credit per quarter for recovery startups. The infrastructure legislation ends the credit for wages paid after September 30, 2021.

The 2020 Credit

Is my company eligible?

A company must have:

  1.  100 or fewer employees, AND,
  2. One of the following:
    • A full shutdown for any period due to a COVID-19 order;
    • A partial shutdown for any period due to a COVID-19 order; or
    • Gross receipts of 50% or less as compared to the same quarter in 2019.

What is the covered period?  Qualified wages paid after March 12, 2020 and before January 1, 2021.

What is the amount of the credit? 50% of the qualified wages paid to each retained employee, including the cost to continue providing health benefits to the employee ,capped at $5,000 for all qualified wages paid during 2020 (the credit for $10,000 in qualified wages X 50% tax credit rate).

How do I take the 2020 credit? Amend prior payroll tax returns. Wages paid with PPP funds or other COVID payroll credits are excluded from this calculation.

The 2021 Credit

Is my company eligible?

A company must have:

  1.  500 or fewer employees, AND
  2. One of the following:
    • A full shutdown for any period due to a COVID-19 order;
    •  A partial shutdown for any period due to a COVID-19 order; or
    • Gross receipts are less than 80% of gross receipts for the same quarter in 2019.

What is the covered period? Qualified wages paid in 2021 (pending the passage of the infrastructure bill the wage eligibility may only include wages paid prior to September 30, 2021).

What is the amount of the credit? Effective Jan. 1, 2021, the credit amount is increased to 70% of qualified wages paid to each retained employee, which is amended to include the cost to continue providing health benefits, capped at $7,000 quarterly ($10,000 in qualified wages X 70% tax credit rate).

How do I take the 2021 credit? As quarterly payroll tax returns are filed, include the credit for quarters in which the company meets the eligibility requirements. You can also file retroactively. Wages paid with PPP funds or other COVID payroll credits are excluded from this calculation.

If you think your company may possibly qualify we urge you to reach out to our office, we are happy to assist with your analysis.

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Tools & Resources

Internal Revenue Service

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Internal Revenue Service Payments

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Mass Dept. of Revenue

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Mass Tax Connect

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