Employee Retention Credit Calculation

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COVID-19, the pandemic that has swept across the globe in recent years, has brought unprecedented challenges and hardships to businesses and organisations around. Many employers have faced reduced revenues, increased expenses, and disrupted operations due to lockdowns, social distancing, and health and safety measures.

In order to help employers retain employees and offer them health benefits in this tough time, the U.S. Government has introduced the Employee retention credit (ERC), which is a tax credit refundable that can be used by eligible employers to offset some payroll costs.

The ERC was first enacted by the CARES Act in 2020 and was later extended and modified by subsequent legislation in 2021 and 2023. This article will explain what the ERC is, how it works, and how to claim it for different time periods and eligibility criteria.

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For a brief reading of what the Employee Retention Credit or ERC is, take a look at this video from the YouTube channel “ERC Specialists”. You can also continue below to read an in-depth explanation of ERC.

What is the Employee Retention Credit? Employee Retention Credit Calculation

Employee Retention Credit (ERC) is a refundable credit available to tax-exempt and for-profit organizations and businesses that have employees who were affected by COVID-19. The ERC was created by the CARES Act in 2020 and was extended and modified by subsequent legislation in 2021 and 2023. The ERC aims to encourage employers to keep their workers on the payroll and provide them with health benefits during the crisis.

Main Features and Benefits

  • Credits are equal to a percent of the qualified wages and costs for health insurance paid to eligible employees up to a limit per employee each quarter.
  • The credit amount and percentage vary according to the time period in which it is claimed. For 2020, the percent is 50%, and the limit is $5,000 for each employee per year. For 2021, it is 70%. The limit is $7,000 per quarter per employee. In 2023, 70% of the employees will be eligible for the first two quarterly limits and 40% in the final two. The limit for each employee is $10,000. Employee Retention Credit Calculation
  • The credit amount is fully refundable, meaning if the credit exceeds your employer’s tax liability on payroll, you will receive the excess as a reimbursement.
  • The credit is available to employers who suffered a significant reduction in gross revenues or a partial or full suspension of operations because of an eligible government order relating COVID-19. In addition, employers who qualify as recovery-startup businesses for 2023 can also claim the credits.
  • Credits may be obtained by filing a revised employment tax form (Form 941X) or reducing employment deposit amounts in anticipation. Employers can also request an advance payment of the credit by filing Form 7200.

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Eligibility Criteria

In order to qualify for Employee Recruitment Credit (ERC), a company must meet the following criteria:

  • A government order has suspended or halted the business or organization of an employer due to COVID-19 in a calendar year 2020 or 2021.
  • The employer’s gross revenues for a quarterly calendar period in 2020, 2021 or both were less that 50% (for the 2020 quarter) or 80% (2021 quarter) of its gross revenue for the same year-ago quarter.

There is also a special rule that applies to recovery startups, which are businesses that started operations after February 15th 2020 with gross receipts no higher than $1,000,000 on average. These businesses may qualify for ERC regardless of revenue or business suspension.

Business Suspension

A business or organization is considered fully or partially suspended by a government order if:

  • The order restricts the commerce, travel and group meetings that are prohibited by COVID-19
  • The order has an impact on the business or organization
  • The order applies to all calendar quarters in 2020 and 2021

Examples of government orders which can lead to a suspension of business include:

  • Stay-at-home orders that restrict non-essential businesses from operating
  • Certain businesses have curfews that limit their hours of operations
  • Capacity limitations that reduce the amount of customers or clientele that a firm can service
  • Bans on travel or restrictions on the ability to transport goods or service by a business

To determine if the business was partially or fully suspended by an official order, employers must consider:

  • The nature and extent of the order, and its impact on the operation of your business
  • The length and frequency of your order and the way it corresponds to the calendar quarters
  • The order’s impact on revenues and expenses

Revenue Decline

It is considered a significant decrease in gross revenue if a business has:

  • The gross receipts in any calendar quarter of 2020 will be less than 50% the gross receipts in the same quarter of 2019.
  • The gross receipts of any quarter in calendar 2021 were below 80% of the gross receipts in the same quarter for 2019.

Gross receipts refer to the total of all money received or accrued during a company’s annual accounting period. Gross receipts include:

  • Sales of goods & services
  • Interest, dividends, rents, royalties, and annuities
  • Gifts, donations, and contributions Employee Retention Credit Calculation
  • Membership dues
  • Gross income from trades or businesses

Employers must use the following formulas to calculate gross receipts and compare them between quarters.

  • The same method for accounting (cash-based or accrual-based) that was used to file the federal income Tax return for 2019
  • It will use the same calendar year quarters for 2019/2021 as it did to file its federal Employment Tax Returns (Form 941).
  • The same sources of revenue that they reported on their federal income tax return in 2019

Recovery Startup Business

A startup that is in recovery can be defined as

  • Start any new business or occupation after February 15, 2019,
  • Average annual gross receipts not exceeding $1 million during the three-year period ending on the tax year immediately preceding the calendar quarterly for which the credit will be determined

A recovery startup business can qualify for the ERC regardless of whether it meets the criteria of business suspension or revenue decline. There are certain limitations and rules that apply to recovery startups businesses.

  • The maximum credit available per quarter is $50,000
  • Only wages paid during the third and fourth quarters in 2021 are eligible for this credit
  • Credits for recovery startups are subject to a maximum of $250 million.

Employee Retention Credit Calculation

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Credit Amounts and Calculation

There are different ERC rules and amounts for different employers and periods of time. The main factors that affect the ERC are:

  • How much the employer’s business was affected by the pandemic, either by having to close or reduce operations due to government orders or by having a big drop in income compared to 2019
  • The number of employees that the employer has in 2019 or 2020/2021 and whether or not they worked during the pandemic
  • What the employer paid each employee for their health insurance and during the pandemic

Employers must complete and send IRS forms to claim ERC. The forms must include the total amount paid by the employer to employees, their health insurance coverage and the reasons why they are eligible for the ERC. The IRS will check the forms and give the money to the employer. The money can be used by the employer to pay for health insurance, to pay employees, or refunds on payroll taxes.

The ERC is not available forever. The ERC began in March 2020, and it will end in September 2022. The employer is required to claim ERCs before they expire, or are no longer available. The employer also has to use the money wisely and not waste it. Employee Retention Credit Calculation

You can find more information below on ERC calculation and credit amount.

Time Period

The ERC was implemented, amended, or terminated by various laws in 2020. The amount of the credit varies according to the time period that it is applied for. The table below summarises key features and differences for the ERC in each time frame:

Time Period Law Eligible Employers Credit Rate Qualified Wages
2020 CARES Act Employers with business suspension or revenue decline of more than 50% 50% of qualified wages up to $10,000 per employee per year Wages paid from March 13 to December 31, 2020
Q1-Q3 2021 CAA and ARPA Employers with business suspension or revenue decline of more than 20% 70% of qualified wages up to $10,000 per employee per quarter Wages paid from January 1 to September 30, 2021
Q3-Q4 2021 (Recovery Startup Business) ARPA Recovery startup businesses with average annual gross receipts of no more than $1 million, 70% of qualified wages up to $10,000 per employee per quarter (subject to a $50,000 cap per quarter), Wages paid from July 1 to December 31, 2021,
Q4 2021 – Q3 2022 (Severely Financially Distressed Employer) ARPA and IIJA Employers with a revenue decline of more than 90% 70% of qualified wages up to $10,000 per employee per quarter Wages paid from October 1, 2021, to September 30, 2022

 

Number of Employees

The number of employees affects the definition and calculation of qualified wages and health insurance costs for eligible employees. A small employer or a large employer is determined by the number of employees who worked full-time (FTEs) in 2019 and the time period. This table summarizes thresholds and rules to determine the size of an employer for each period.

Time Period Small Employer Threshold Large Employer Threshold
2020 Less than or equal to 100 FTEs in 2019 More than 100 FTEs in 2019
Q1-Q2 2021 Less than or equal to 500 FTEs in 2019 More than 500 FTEs in 2019
Q3-Q4 2021 Less than or equal to 500 FTEs in any calendar quarter in either calendar year beginning after December 31, 2019, and ending before July 1, 2021. If an employer did not have in either calendar year beginning after December 31, 2019, and ending before July 1, 2021, the employer is treated as a small eligible employer if it had less than or equal to 500 FTEs in any calendar quarter beginning after June 30, 2021. For recovery startup businesses, the employer size is irrelevant. For severely financially distressed employers, the employer size is irrelevant if the employer had a revenue decline of more than 90%. Otherwise, the same rules as Q1-Q2 2021 apply. More than 500 FTEs in any calendar quarter in either calendar year beginning after December 31, 2019, and ending before July 1, 2021. If an employer did not exist in either calendar year beginning after December 31, 2019, and ending before July 1, 2021, the employer is treated as a large eligible employer if it had more than 500 FTEs in any calendar quarter beginning after June 30, 2021.

To count FTEs for a given year or quarter, an employer must use the following steps:

  • Count the number of employees who worked at least 30 hours per week (or at least 130 hours per month) for each month in the year or quarter
  • Add up the total hours worked by all other employees (who are not counted as FTEs) for each month in the year or quarter
  • Divide the total hours by120and round down to the nearest whole number
  • Add the number of FTEs from Step One and Step Three for each month in the year or quarter
  • Calculate the average number of FTEs by adding up the monthly totals and dividing by 12 (for a year) or 3 (for a quarter)

 

Qualified Wages and Health Insurance Costs

Qualified wage is the number of wages that are paid to employees who qualify during a time when a business has been suspended or revenue has decreased. Qualified wage includes tips and bonuses, as well as severance, pays, sick leave payments, family leave payments and other types of compensation. Qualified earnings also include costs associated with providing health insurance coverage to eligible employees. These include premiums as well as deductibles.

The calculation of qualified wages, health insurance costs and employer size depends on the time period. The table below summarizes rules and examples in different scenarios. Employee Retention Credit Calculation

Employer Size Time Period Qualified Wages and Health Insurance Costs Example
Small 2020 All wages and health insurance costs paid to any employee, regardless of whether the employee worked or not An employer with 80 FTEs in 2019 paid $8,000 in wages and $2,000 in health insurance costs to an employee in 2020. The employer had a revenue decline of more than 50% in Q2 2020. The qualified wages and health insurance costs for Q2 2020 are $10,000.
Small Q1-Q3 2021 All wages and health insurance costs paid to any employee, regardless of whether the employee worked or not An employer with 400 FTEs in 2019 paid $12,000 in wages and $3,000 in health insurance costs to an employee in Q1 2021. The employer had a revenue decline of more than 20% in Q1 2021. The qualified wages and health insurance costs for Q1 2021 are $15,000.
Small Q3-Q4 2021 (Recovery Startup Business) All wages and health insurance costs paid to any employee, regardless of whether the employee worked or not (subject to a $50,000 cap per quarter) A recovery startup business that began operations in March 2020 paid $9,000 in wages and $1,000 in health insurance costs to an employee in Q3 2021. The business had average annual gross receipts of $800,000. The qualified wages and health insurance costs for Q3 2021 are $10,000.
Small Q4 2021 – Q3 2022 (Severely Financially Distressed Employer) All wages and health insurance costs paid to any employee, regardless of whether the employee worked or not An employer with 600 FTEs in Q2 2019 paid $11,000 in wages and $4,000 in health insurance costs to an employee in Q4 2021. The employer had a revenue decline of more than 90% in Q4 2021. The qualified wages and health insurance costs for Q4 2021 are $15,000.
Large 2020 Wages and health insurance costs paid to an employee for the time that the employee did not work (up to the amount that the employee would have been paid for working an equivalent duration during the 30 days immediately preceding the period of economic hardship) An employer with 120 FTEs in 2019 paid $10,000 in wages and $2,000 in health insurance costs to an employee who worked full-time (40 hours per week) in 2020. The employer had a business suspension due to a government order in April 2020. The employee did not work for two weeks in April 2020. The qualified wages and health insurance costs for April 2020 are $2,308 ($10,000 x2/52+$2,000 x2/52).
Large Q1-Q3 2021 Wages and health insurance costs paid to an employee for the time that the employee did not work (up to the amount that the employee would have been paid for working an equivalent duration during the 90 days immediately preceding the period of economic hardship) An employer with 550 FTEs in 2019 paid $15,000 in wages and $5,000 in health insurance costs to an employee who worked full-time (40 hours per week) in Q1 2021. The employer had a revenue decline of more than 20% in Q1 2021. The employee did not work for three weeks in Q1 2021. The qualified wages and health insurance costs for Q1 2021 are $5,769 ($15,000 x3/13+$5,000 x3/13).
Large Q3-Q4 2021 (Severely Financially Distressed Employer) All wages and health insurance costs paid to any employee, regardless of whether the employee worked or not (only if the employer had a revenue decline of more than 90%. Otherwise, the same rules as Q1-Q32021 apply.) An employer with 700 FTEs in Q4 2019 paid $12,000 in wages and $6,000 in health insurance costs to an employee who worked full-time (40 hours per week) in Q4 2021. The employer had a revenue decline of more than 90% in Q4 2021. The qualified wages and health insurance costs

 

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Claim and Report the Credit

To claim the Employee Retention Credit (ERC), an employer must file a federal employment tax return (Form 941) or an adjusted employment tax return (Form 941-X) with the Internal Revenue Service (IRS). The employer must report the qualified wages and health insurance costs paid to eligible employees and the amount of credit claimed for each quarter.

Form 941

Form 941 is used to report the employer’s quarterly federal tax liability, including income tax, social security tax, and Medicare tax. Form 941 is used by the employer to claim ERC for the current quarter or future. Form 941 allows the employer to do:

  • Reduce the amount of taxes that the employer has to deposit with the IRS by the amount of the ERC
  • You can ask for advance payment if your ERC exceeds the amount of taxes you have to pay. Employee Retention Credit Calculation
  • You can carry forward any credit balance to subsequent quarters

Employers should avoid these common mistakes when filling out Form 941 and ensure that they are filled out correctly.

  • Use the latest version 941 which reflects updates and changes in the ERC.
  • Follow the instructions and worksheets provided by the IRS for calculating and reporting the ERC
  • Use line 11c to report qualified wages paid and health insurance premiums paid to eligible employees
  • Use Line 13d for the credit claim amount per quarter
  • Use Line 13f to report any advance payments of the credit received from the IRS
  • Line 24 is the place to ask for an advance payment if you need it.
  • Report any credit balance that may be carried forward into the next quarter using Line 25
  • Sign and date Form 941 and attach any supporting documents or schedules

Some tips and resources for filling out Form 941 are:

  • Form 941 can be submitted faster and more securely by using electronic filing (efile) or online services
  • Check the IRS website for updates, FAQs, and guidance on Form 941 and the ERC
  • If you need clarification or assistance, contact the IRS or an accountant.

Form 941-X

The Form 941 X is used for corrections and adjustments to a Form 941. The Form 941X allows the employer retroactively to claim ERC for previous quarters. The employer can use Form 941-X to: Employee Retention Credit Calculation

  • Claim refunds or credits for taxes overpaid due to the ERC
  • Report additional qualified wage and health insurance expenses paid to eligible employees which were not reported in Form 941
  • Correct any errors or omissions you find on Form 941, which may affect your credit claim.

To fill out Form 941-X correctly and avoid common errors, the employer should:

  • Use the most recent version of Form 941X, which reflects any changes or updates to the ERC laws.
  • Use the IRS worksheets and instructions to calculate and report the ERC
  • Use Part 2 for indicating which lines of the Form 941 need to be corrected or adjusted
  • Use Part 3 of Form 941 to explain why it is being amended or corrected
  • Use Line 24 to declare any additional qualified wages or health insurance costs paid by eligible employees.
  • Use Line 25 to report any additional amount of credit claimed for each quarter
  • Use Line 26 to report any refund or credit requested due to claiming the ERC
  • Sign and date the Form 941 X and add any supporting documents or schedules.

Tips and resources on how to complete Form 941 X include:

  • Fill out a separate form 941-X per quarter being corrected or recalculated Employee Retention Credit Calculation
  • Fill out Form 941-X immediately after you find an error in Form 941
  • You can find updates, FAQs, and more information on the IRS site about the ERC and Form 941X.
  • Need clarification? Contact an IRS agent or tax professional.

Deadline and Statute of Limitations

The deadline to submit Form 941 is usually the last day in the month following each quarter. For example, for Q1 2021 (January-March), Form 941 is due by April 30, 2021. The employer can still file Form 941 if they have deposited their taxes on time. Following the end of the quarter. For example, Q1 2020 (January to March) requires that Form 941 be returned by May 10, 2021. Employee Retention Credit Calculation

The deadline to file Form 941-X generally is three years after the date the original Form 941 is filed, or two years after the date the tax is paid. For Q1 of 2020 (January through March), the deadline for Form 941 to be filed was April 30, 2020. If an employer filed Form 941 on April 30, 2020, and paid the tax on April 30, 2020, the deadline for filing Form 941-X is April 30, 2023. If an employers filed Forms 941 and paid taxes on June 15, 2019, the deadline is June 15, 2022.

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Conclusion

Employee Retention credit (ERC), a valuable benefit under tax law, can help employers who have been affected by COVID-19 keep their staff on payroll and minimize the impact of pandemic.

The ERC, a refundable credit, varies according to the time period and number of employees as well as the amount of qualified wage and health insurance expenses paid to employees who are eligible. The ERC can be claimed by filing Form 941 or Form 941-X with the IRS and reporting the qualified wages and health insurance costs and the amount of credit claimed for each quarter.

Do not miss out on this opportunity if you’re an employer that meets the ERC eligibility criteria. The ERC is not available forever and has a deadline and a statute of limitations for claiming it. The forms should be filed as soon as you can. You can use the resources and advice provided in this post to avoid common mistakes and fill them out correctly. For clarifications or help, you can always contact an IRS agent or tax professional.

The ERC is a great tool for both your business and employees. It can help your business or organization retain workers, maintain cash flow and recover from a pandemic. This article is intended to help you better understand the ERC, and how it can be claimed. Thank you for reading. Stay safe.

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Employee Retention Credit Calculation

What is ERC?

Employee Retention Credit is an employer tax credit available to employers who kept their employees on payroll during COVID-19.

The CARES Act was passed in March 2020. It was amended and extended in December 2020 by the CAA Act (Consolidated Appropriations Act) and in March 2021 by the ARPA Act (American Rescue Plan Act of 2021).

Are all ERC applicants eligible?

Not everyone is eligible for the ERC. It is only available to employers who have retained employees and paid their wages to them between March 13, 2020, and December 31, 2021.

More details are available above. But here are some of the highlights.

  • A government-issued order temporarily or permanently suspended the organization or business due to COVID-19.
  • The gross receipts of a calendar quarter for 2020 or 2021 were less than a percent of the gross receipts from a similar quarter in 2019.
  • They are a recovery startup business that began operations after February 15, 2020, and has average annual gross receipts of no more than $1 million.

How much does the ERC cost?

The amount of ERC an organization or business receives depends on several factors.

Some of these factors include the time period, the number of employees, the number of qualified wages, and health insurance costs paid to eligible employees. The article above provides a detailed explanation on how ERC is calculated.

How to claim your ERC?

To claim the ERC, an employer must file a federal employment tax reform or an adjusted employment tax return (Form 941-X) with the IRS.

Employers are required to report each quarter the total amount claimed as a credit and the wages and insurance premiums paid by eligible employees.

When is the Deadline for Filing the ERC Forms?

The deadlines for filing Forms 941 and 941-X are different.

The last day to submit Form 941 for each quarter is the last calendar month. For Form 941X, the deadline is three years following the date on which the original form 941 was filed. This can also be up to two years, based on the date when the tax is paid.

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