How To Calculate Gross Receipts For Employee Retention Credit

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COVID-19 has caused hardships and unprecedented challenges for businesses and organizations all over the world. Lockdowns, social distance, health and security measures and lockdowns have caused many employers to face reduced revenue, increased expenses and disruptions in their operations.

The Employee Retention Tax Credit (ERC) is a refundable credit that employers can use to offset payroll costs.

The ERC has been in place since 2020 when the CARES Act was passed. Later, in 2021 and again in 2023, it was modified and extended by new legislation. This article will provide an overview of the ERC and its workings, as well as how to apply for it in different time periods.

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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? How To Calculate Gross Receipts For Employee Retention Credit

Employee Retention Tax Credit (ERC), is a refundable tax credit for organizations and businesses with employees who have been affected by COVID-19. The ERC, created in 2020 by the CARES Act, was then extended and modified through subsequent legislation in both 2021-2023. The ERC was created to encourage employers in crisis to keep workers on their payrolls and provide them health insurance.

Main Features & Benefits

  • Credit is a fixed percentage of qualifying wages and health care costs paid by employers to employees.
  • The percentage and the maximum credit vary depending on how long the credit can be claimed. For 2020, the percentage is 50%, and the limit is $5,000 per employee for the entire year. For 2021, the percentage is 70%, and the limit is $7,000 per employee per quarter. For 2023, there is a 70% percentage for the first 2 quarters followed by 40% for the second two quarters. There is a $10,000 limit per employee. How To Calculate Gross Receipts For Employee Retention Credit
  • The credit will be fully refundable if its amount exceeds that of the employer’s payroll taxes.
  • Employers who have experienced a significant drop in gross receipts or a complete or partial suspension of their operations as a result of a government order relating to COVID-19 can claim the credit. Employers who are considered to be recovery startup businesses may also claim this credit, but only for 2023.
  • Credits are available by submitting an amended employment return (Form 951) or by reducing deposits for employment taxes in anticipation. By submitting Form 7020, employers can request an early payment of their credit.

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Eligibility Criteria

To qualify as an employer for the Employee retention Credit (ERC), you must meet at least one of the two criteria below:

  • 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.
  • Employer’s gross receipts in a calendar quarter of 2020 or 2021 was less than 50% or 80% of the gross receipts in the same quarter in 2019.

In addition, there is a special rule for recovery startup businesses that began operations after February 15, 2020 and have average annual gross receipts of no more than $1 million. These businesses are eligible for the ERC, regardless of whether their business has been suspended or if revenue has declined.

Business Suspension

A government order can either suspend or fully suspend a company or organization if the following conditions are met:

  • The order limits travel, commerce or group meetings as a result of COVID-19
  • The order affects the operations of the business or organization
  • This order is applicable to any calendar quarter of 2020 or 2021

Some examples of government orders that can cause a business suspension are:

  • Stay-at-home orders prohibiting the operation of non-essential businesses
  • Businesses are restricted in their operating hours by curfews
  • Limits on the capacity of a business that limit how many customers or clients it can serve
  • Travel restrictions or travel bans that limit the ability of businesses to transport products or services

To determine if a business was fully or partially suspended by a government order, an employer must consider:

  • The scope and nature of the order as well as how it impacts the business.
  • The length and frequency of your order and the way it corresponds to the calendar quarters
  • The magnitude and impact of the order upon the revenue and expenses of a business

Revenue Drop

It is considered that a business or organization has experienced a significant drop in gross receipts when:

  • The gross receipts from any quarter in 2020 is less than 50% its gross receipts from the same calendar quarter in 2019.
  • The gross revenue for any quarter of 2021 was less than 80% that for the same period in 2019.

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

  • Sales of goods and Services
  • Rents, dividends, and annuities are examples of income streams that include interest, dividends.
  • Contributions, gifts, grants, and donations How To Calculate Gross Receipts For Employee Retention Credit
  • Membership fees and dues
  • Gross income from trades or businesses

To compare gross revenues for different quarters an employer can use:

  • The same method for accounting (cash-based or accrual-based) that was used to file the federal income Tax return for 2019
  • Use the same calendar quarters as it did for its federal employment tax return (Form 941 ) for 2019 and 2021/2022
  • It is the same income sources that were reported on the federal income tax returns for 2019.

Recovery Startup Business

A recovery startup business is a business that:

  • After February 15, 2020, you can start any business or trade.
  • Has average annual gross receipts of no more than $1 million for the three-tax-year period ending with the tax year that precedes the calendar quarter for which the credit is determined

A recovery startup business can qualify for the ERC regardless of whether it meets the criteria of business suspension or revenue decline. Recovery Startup Businesses are still subject to some restrictions and special rules.

  • Maximum credit per quarter: $50,000
  • The credit is only available for wages paid in the third and fourth quarters of 2021
  • All recovery startup businesses are subject to an aggregate cap of $250,000,000.

How To Calculate Gross Receipts For Employee Retention Credit

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Credit Amounts Calculation

The ERC has different rules and amounts for different periods of time and different types of employers. The ERC is primarily affected by:

  • 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
  • Employer’s number of employees in 2019 or 2021, and whether the employee worked or not.
  • The amount of money paid by the employer to each employee as well as their health insurance during pandemic

To receive the ERC, employers must submit forms to the IRS. The employer must provide proof of how much they paid their employees for health insurance as well as the ERC. The IRS will examine the forms to determine if the employer is eligible and then pay him the money. The employer can then use the money for paying their employees, their health insurance and/or to receive refunds or credits on their payroll tax.

The ERC will no longer be available. It began in March 2019 and will finish in September 2020. The employer is required to claim ERCs before they expire, or are no longer available. The employer has to spend the money efficiently and not waste. How To Calculate Gross Receipts For Employee Retention Credit

Here is more information about the ERC and its calculation.

Time Period

The ERC was introduced, amended, and terminated by different laws in 2020, 2021, and 2022. The amount of the credit varies according to the time period that it is applied for. The following table summarizes the key features and differences of the ERC for each time period:

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

 

The Number of Employees

The number of eligible employees will affect the calculation and definition of health insurance and qualified wages. An employer is considered a small or large employer depending on the time period and the number of full-time employees (FTEs) it had in 2019. The table below summarizes the rules and thresholds for determining employer size in each time 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 wages are wages paid to eligible employees during a period of business suspension or revenue decline. Other forms of compensation are also included in qualified wages, such as tips, bonuses and commissions. Qualified wage also includes the cost of health insurance for eligible employees. This may include premiums, deductibles, co-pays, or co-insurance.

The employer size, the time period and the calculation of the qualified wage and health insurance cost will affect the calculation. The table below summarizes rules and examples in different scenarios. How To Calculate Gross Receipts For Employee Retention Credit

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 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 is required to report the qualified wages, health insurance costs and credit claimed by 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. The employer can also claim the ERC in Form 941 for future or current quarters. The employer can use Form 941 to:

  • ERC reduces taxes that employers have to deposit at the IRS.
  • If the ERC is greater than the tax that the employer must deposit, you can request an advance payment. How To Calculate Gross Receipts For Employee Retention Credit
  • You can carry forward any credit balance to subsequent quarters

To avoid making common errors and fill out Form 941 correctly, employers should:

  • Use the latest version of Form 941 that reflects the changes and updates made by the laws that affect the ERC
  • Follow the instructions and worksheets provided by the IRS for calculating and reporting the ERC
  • Use Line 11c to report the qualified wages and health insurance costs paid to eligible employees
  • Use Line 13d to report the amount of credit claimed for each quarter
  • Line 13f is used to report any advance payment of credit received by the IRS
  • If you need to receive an advance payment, use Line 24.
  • Report any credit balance that may be carried forward into the next quarter using Line 25
  • Sign the form 941, and attach any supporting documents.

Some tips and resources for filling out Form 941 are:

  • Use electronic filing (e-file) or online services to submit Form 941 faster and more securely
  • Updates, FAQs, and guidance about Form 941, the ERC, and other IRS forms can be found on the IRS website.
  • Need clarification? Contact an IRS agent or tax professional.

Form 941-X

The Form 941X can be used to make corrections or adjustments on an earlier Form 941. The Form 941X allows the employer retroactively to claim ERC for previous quarters. Employers can use Form 941/X for How To Calculate Gross Receipts For Employee Retention Credit

  • Claim a credit or refund for the taxes you overpaid by claiming ERC
  • Report additional qualified wages paid and health insurance premiums paid to eligible workers that have not been reported on Form 941
  • The amount of credit claimed will be affected by any mistakes or omissions in Form 941.

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.
  • The IRS has provided worksheets to help you calculate the ERC.
  • Use Part 2 of Form 941 to indicate which lines are being amended or corrected.
  • Use Part 3 for explaining why form 941 has been corrected or adjusted
  • Line 24 should be used to record any additional health insurance and wages paid to employees who qualify.
  • Use Line 25 for any additional credit claimed each quarter.
  • Use Line 26 to report any refund or credit requested due to claiming the ERC
  • Sign and date Form 941-X and attach any supporting documents or schedules

The following are some resources and tips for filling in Form 941X.

  • File a separate Form 941-X for each quarter that is being corrected or adjusted How To Calculate Gross Receipts For Employee Retention Credit
  • If you discover an error on Form 941 or make an adjustment, file Form 941X as soon as you can.
  • Check the IRS website for updates, FAQs, and guidance on Form 941-X and the ERC
  • For clarifications or help, you can contact the IRS.

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 should be submitted by April 30, 2019. Nevertheless, if the employer deposited all taxes due in a given quarter on time, they may file Form 941 before the 10th day. After the end quarter. For example, Q1 2020 (January to March) requires that Form 941 be returned by May 10, 2021. How To Calculate Gross Receipts For Employee Retention Credit

The deadline for filing Form 941-X is generally three years from the date that the original Form 941 was filed or two years from the date that the tax was paid, whichever is later. For example, for Q1 2020 (January-March), Form 941 was due by 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 employer files Form 941 in April 2020 and pays the tax on June 15 2020, they have until June 15 2022 to file Form 941.

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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 can be claimed by filing Form 941 or Form 941-X with the IRS and reporting the qualified wages and costs of health insurance paid to eligible workers. 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.

You should not miss the opportunity to benefit from this tax incentive if you are an eligible employer. The ERC is not available forever and has a deadline and a statute of limitations for claiming it. To avoid making common mistakes, you should fill out the forms correctly using the information and tips in this article. If you need clarification or assistance, you can contact the IRS.

ERC can have a significant impact on your business, organization, and your employees. It will help you to keep your employees, maintain a healthy cash flow, as well as recover from pandemic. This article aims to provide you with more information about the ERC. Stay safe and thank you for reading.

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How To Calculate Gross Receipts For Employee Retention Credit

What is the ERC?

Employee Retention Credit – This tax credit is available to employers for keeping their employees employed during the COVID-19 epidemic.

The CARES Act created the American Rescue Plan Act of 2021 in March 2021. Later, the CAA (Consolidated Appropriations Act), in December 2020, was amended and expanded by ARPA (American Rescue Plan Act of 2021), in March 2021.

Who is eligible for the ERC?

ERCs are not available to all. Employers only eligible for the ERC are those who have retained and paid wages to their employees between March 14, 2020 and Dec 31, 2021.

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

  • A government order imposed a suspension (full or partial) on the business or organization due to COVID-19.
  • Their gross receipts for a calendar quarter in 2020 or 2021 were less than a percentage of their gross receipts for the same quarter in 2019.
  • It is a recovery-startup business that has been operating since after February 15, 2020. Their average annual gross receipts are no more than one million dollars.

How much does the ERC cost?

The amount of ERC a company or organization receives will depend on several factors.

Among these factors are the time period, employee count, amount of qualifying wages and health insurance cost paid to eligible workers. You can read the article above for a more detailed explanation of how ERC is calculated.

How to claim the ERC?

To receive the ERC, employers must file with the IRS a Form 941-X (revised employment tax returns) or a Federal Employment Tax Reform.

The employer must report the qualified wages and health insurance costs paid to eligible employees and the amount of credit claimed for each quarter.

What is the deadline for submitting the ERC forms?

The deadlines of Form 941, Form 941X and ERC 941 are different.

The last day for Form 941 in most cases is the last month following the end each quarter. While the deadline for the Form 941-X will be three years after you filled out the original Form 941. This can also be up to two years, based on the date when the tax is paid.

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