Employee Retetion Credit (ERC)

Wapiti7

FNG
Joined
May 22, 2018
Messages
32
Location
NM
As a dork CPA, I wanted to throw out there a credit that many employers are not taking advantage of. I don't care to debate the merits of tax policy, just trying to make some forum members aware because this can be lucrative. CARES acted created PPP and ERC, however it said they couldn't coexist, so we stop CARESing about ERC. In December, Consolidated Appropriations Act (CAA) created round 2 of PPP, but it also allowed ERC to co-exist with PPP forgiveness (brought ERC back to life). Still can't double dip (can't use same wages for PPP forgiveness and ERC) but with the covered period for PPP going to 24 weeks, you can manage this.

The ERC is a credit against 941 taxes (fully refundable) and is equal to 50% of qualifying wages, not to exceed $10,000 of wages per employee for 2020 (so max of $5,000 per employee, excluding owners) for qualifying employers. Qualifying employer is one who had either 1) a quarterly decrease in 2020 revenue (gross receipts) compared to 2019 of at least 50% or 2) had a full or partial suspension of operations as a result of a local, state or national public health order (this one gets messy but can absolutely apply in the more restrictive shutdown states).

The CAA extended the ERC through all of 2021. It also changed the credit percentage to 70% and qualifying wages are now $10,000 per quarter (so $7,000 max per employee per quarter). It also changed the revenue drop to 20% of 2019 (you qualify if Q1 2021 had a drop of 20%+ compared to 2019). Read that paragraph again and think about the magnitude of it.

In my experience, there aren't a ton of employers taking advantage of this. In NM, where our little Napoleona had some of the most restrictive shut downs in the country, this is huge...every dine in restaurant in the state should look at it along with a number of different industries. Again, this is complicated, there is little guidance, there is PPP interplay, there are thousands of one-off situations and I overly simplified the explanation above to give you the jist of ERC.
 

elkyinzer

WKR
Joined
Sep 9, 2013
Messages
1,258
Location
Pennslyvania
Good heads up. We've been pretty careful about it with clients that don't meet the revenue reduction but those that do it is definitely more black and white.

Have you seen the IRS process any 941-X yet? We filed a few as far back as early February and still haven't seen a dime yet of that come through.
 
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Wapiti7

FNG
Joined
May 22, 2018
Messages
32
Location
NM
Good heads up. We've been pretty careful about it with clients that don't meet the revenue reduction but those that do it is definitely more black and white.

Have you seen the IRS process any 941-X yet? We filed a few back some as far back as early February and still haven't seen a dime yet.
For 941's that were timely filed (not amended) that included ERC, we have seen some of those processed. I have yet to see a refund paid on a 941-X that included ERC. Hell, our Firm is still waiting on a refund from a 941-X that had a emergency paid sick leave credit for Q2 2020 filed back in August 2020. I talked to a PIC at a large regional firm and he told me they were hearing it might not be until 2024 before they start processing ERC refund claims.

Our Governor's orders were pretty restrictive, so the governmental order does work in certain situations (example...dentists were closed for all but emergency care for 7 weeks last April/May).
 

elkyinzer

WKR
Joined
Sep 9, 2013
Messages
1,258
Location
Pennslyvania
For 941's that were timely filed (not amended) that included ERC, we have seen some of those processed. I have yet to see a refund paid on a 941-X that included ERC. Hell, our Firm is still waiting on a refund from a 941-X that had a emergency paid sick leave credit for Q2 2020 filed back in August 2020. I talked to a PIC at a large regional firm and he told me they were hearing it might not be until 2024 before they start processing ERC refund claims.

Our Governor's orders were pretty restrictive, so the governmental order does work in certain situations (example...dentists were closed for all but emergency care for 7 weeks last April/May).

Yeah all the e-filed 941's are getting the money pretty fast like 4-6 weeks I've seen. But crikes, 2024 for the amended returns, that's the first I heard a timeline that far out (or any timeline really). I know of situations where people got personal loans against that money assuming it would show up in weeks or months.

I'll just say I saw some pretty creative interpretations of a partal suspension of operations. If the IRS wants to claw back some money it could get real messy.
 
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