Mr Wonderful Employee Retention Credit

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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.

To help employers retain their employees and provide them with health benefits during this difficult time, the U.S. government has introduced the Employee Retention Credit (ERC), a refundable tax credit that can offset some of the payroll costs for eligible employers.

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. The ERC will be explained in this article, along with how it works and the different eligibility criteria and time periods for which it can be claimed.

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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 Employee Retention Credit (ERC)? Mr Wonderful Employee Retention Credit

Employee Retention Credit (ERC), a refundable tax credits, is available for tax-exempt businesses or organizations with employees that were affected in any way by the COVID-19 Pandemic. The ERC has been created by the CARES Act for 2020. It was further extended and modified with subsequent legislation in 2021, 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

  • Credit is a fixed percentage of qualifying wages and health care costs paid by employers to employees.
  • The percentage and the limit vary depending on the time period for which the credit is claimed. In 2020, 50% of the employees will be eligible for the credit, with a maximum limit of $5,000 per employee. In 2021, 70% of the employees will be eligible for the maximum. The limit per employee is $7,000. For 2023, the percentage will be 70% for the two first quarters and 40% for the two last quarters. The limit per employee per quarter is $10,000. Mr Wonderful Employee Retention Credit
  • The credit is fully refundable. If the amount of credit exceeds an employer’s liability for payroll tax, the excess will then be paid back to the employer.
  • The credit can be claimed by employers who experienced a significant decline in gross receipts or a full or partial suspension of operations due to a qualifying government order related to COVID-19. For 2023 only, employers that are classified as recovery startup business can claim the credit.
  • The credit can be claimed by filing an amended employment tax return (Form 941-X) or by reducing employment tax deposits in anticipation of the credit. By submitting Form 7020, employers can request an early payment of their credit.

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Eligibility Criteria

Employers who wish to qualify for Employee Retention Credit (ERC) must meet two main criteria.

  • The employer’s company or organization has been suspended, either fully or partly, by an order of the government due to COVID-19 at a particular calendar quarter in 2020/2021
  • 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.

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 may qualify for ERC regardless of revenue or business suspension.

Business Suspension

A government order may suspend a business, or even partially suspend it.

  • The order limits commerce, travel, or group meetings due to COVID-19
  • The order affects the operations of the business or organization
  • Order applies to any calendar year in 2020 or 21

Some examples of orders from the government that could cause a business to be suspended are:

  • 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
  • Travel bans and restrictions that restrict the ability for a company to transport services or goods

An employer should consider the following factors to determine if an order from a government has suspended a business in its entirety or only partially.

  • The order’s nature, scope, and impact on 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 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 from any calendar quarter during 2021 are less than 80% compared to the same quarter’s gross receipts from 2019.

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

  • Sales of Goods and Services
  • Dividends, rents, and royalties, as well as interest, are all examples of annuities.
  • Contributions, gifts and grants Mr Wonderful Employee Retention Credit
  • Membership fees and dues
  • Gross business income

To calculate and compare gross revenue for different quarters using the following:

  • 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 income that it reported on its federal income tax return for 2019

Recovery Startup Business

The recovery startup business is one that:

  • You must have started your business after the 15th of February 2020
  • 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

The ERC is available to a recovery startup business regardless of whether or not it meets the criteria for business suspension or revenue decrease. There are certain limitations and rules that apply to recovery startups businesses.

  • The maximum credit amount per quarter is $50,000
  • The credit will only be available to employees who have paid wages in the third quarter and fourth of 2021
  • All recovery startup businesses are subject to an aggregate cap of $250,000,000.

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Credit Amounts and Calculation

For different lengths of time, different types of employers and different amounts of ERC, the ERC has different rules. The ERC is affected by the following main factors:

  • How much an employer’s company was affected by the pandemic.
  • How many employees the employer had in 2019 or 2020/2021, and whether they worked or not during the pandemic
  • How much the employer paid to each employee and their health insurance during the pandemic

In order to receive the ERC from the IRS, the employer will need to complete some forms. The employer must provide proof of how much they paid their employees for health insurance as well as the ERC. The IRS will verify the forms, and then give the money to your employer. The employer can use the money to pay their employees and their health insurance or to get refunds or credits for their payroll taxes.

The ERC is not available forever. The ERC started in March 2020 and ends in September 2022. The employer is required to claim ERCs before they expire, or are no longer available. The employer must also spend the money properly and not waste any of it. Mr Wonderful Employee Retention Credit

The following information provides more details on the ERC credit and how it is calculated.

Time Period

The ERC was implemented, amended, or terminated by various laws in 2020. The credit amount varies depending on the time period for which it is claimed. The table below summarizes key differences and features of the ERCs 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

 

Number of Employees

The number of eligible employees will affect the calculation and definition of health insurance and qualified wages. The size of an employer depends on its number of FTEs and the time period. 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 include wages paid to eligible workers during a business suspension or revenue decrease. Qualified wages include tips, commissions, bonuses, severance pay, sick leave pay, family leave pay, and other forms of compensation. Qualified wages include health insurance costs for eligible employees such as co-pays and deductibles.

The size of an employer’s business and the period in which they operate will determine the definition and calculation for qualified wages and health care costs. The table below summarizes rules and examples in different scenarios. Mr Wonderful 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 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 declare the wages and health insurance premiums paid to eligible employees, as well as the credit amount claimed 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 allows the employer also to claim ERCs in current or future quarters. Form 941 allows the employer to do:

  • ERC – Reduce the amount the employer is required to pay in taxes.
  • Request an advance payment of the ERC if the credit exceeds the taxes that the employer has to deposit Mr Wonderful Employee Retention Credit
  • Carry forward any excess credit to subsequent quarters

To ensure the correct completion of Form 941, and to avoid common errors:

  • Use the latest Form 941, which reflects all the updates and changes made to the ERC by new laws.
  • Follow the IRS instructions and worksheets for calculating the ERC and reporting it.
  • 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
  • Line 13f is used to report any advance payment of credit received by the IRS
  • Use Line 24 to request a credit advance if necessary
  • Use Line 25 to report any credit excess that can be carried over to the next quarter.
  • Sign and date Form 941, and include any supporting documents and schedules.

You can find some helpful tips on how to fill out Form 941 here:

  • Form 941 can be submitted faster and more securely by using electronic filing (efile) or online services
  • Updates, FAQs, and guidance about Form 941, the ERC, and other IRS forms can be found on the IRS website.
  • Contact the IRS or a tax professional for assistance or clarification if needed

Form 941-X

Form 941-X allows you to correct mistakes or make adjustments in Form 941 that has already been filed. Form 941 X also allows for the employer to claim ERC retroactively. Form 941-X can be used by the employer to: Mr Wonderful Employee Retention Credit

  • Claim a refund or credit for overpaid taxes due to claiming the ERC
  • Report any additional wages or health insurance costs that are paid to employees who are eligible but not reported on Form 951.
  • You can correct any errors or omissions that may have affected the credit claimed amount on Form 941.

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

  • Use the most recent version of Form 941X, which reflects any changes or updates to the ERC laws.
  • Follow the instructions and worksheets provided by the IRS for calculating and reporting the ERC
  • Use the Part 2 to indicate on which lines you are correcting or adjusting Form 941
  • Use Part 3 to explain the reason for a correction or adjustment on Form 941
  • Use Line 24 to declare any additional qualified wages or health insurance costs paid by eligible employees.
  • Line 25 should be used to declare any additional amount claimed as a credit each quarter
  • Use Line 26 for any refunds or credits due to ERC claims.
  • Attach any supporting documents and schedules to Form 941-X.

You can find some helpful tips on how to fill out the Form 941-X here:

  • File a separate Form 941-X for each quarter that is being corrected or adjusted Mr Wonderful Employee Retention Credit
  • Fill out Form 941-X immediately after you find an error in Form 941
  • Visit the IRS website to get the latest updates, FAQs, and guidance regarding Form 941-X, the ERC, and other forms.
  • If you need clarification or assistance, contact the IRS or an accountant.

Deadline and Statute of Limitations

The deadline for submitting Form 941 generally falls on the last calendar day of the following month. For example, Q1 2020 (January-March) Form 941 will be due on April 30, 2021. If an employer has made all the required deposits for the quarter in a timely manner, they can file Forms 941 on the 10th of the second month. The following quarter. Form 941 for the first quarter of 2021 (January – March) is due on May 10, 2021. Mr Wonderful Employee Retention Credit

The deadline for submitting Form 941X depends on the time period. It is generally three or two years, depending on the date when the original Form 941 has been filed. For Q1 2020 (January – March), for example, Form 941 is due on April 30, 2020. If an employee filed Form 941 in April 2020 and paid their tax in April 2020, the deadline to file the 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 may be claimed through IRS Forms 941 and 941X, which require the employer to report the qualified wages paid and the health insurance expenses incurred by each employee.

This tax benefit is available to employers who meet the ERC’s eligibility criteria. The ERC has a time limit and deadline for claiming. You should file your forms as soon as possible and use the tips and resources provided in this article to fill them out correctly and avoid common errors. You can contact the IRS for help or clarification, or you could consult a tax expert.

The ERC can make a big difference for your business or organization and your employees. It can help you retain your workers, maintain your cash flow, and recover from the pandemic. This article should have helped you learn more about ERCs and how to apply for them. We thank you for reading. Please stay safe.

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Mr Wonderful Employee Retention Credit

What is an ERC?

Employee Retention Credit (ERC) is a tax incentive for employers that retained their employees on their payrolls during the COVID-19 Pandemic.

It was created in March of 2020 by the CARES Act and later extended and amended by the CAA Act of December 2020 (Consolidated Appropriations Act of 2021).

Is everyone eligible for the ERC?

ERC isn’t available to everyone. Only employers who paid wages and retained employees between March 13, 2019, and December 31, 2020, are eligible.

Below are some details about eligibility.

  • A government order suspended the business (fully or partly) because of the COVID-19 epidemic.
  • Their gross receipts in a quarter of 2020 or 2021 are less than the percentage of their gross revenue in the same quarter of 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 is the ERC?

The amount ERC received by a business or organization will depend upon several factors.

One of the factors is the length of time the company has been in business, the number and type of employees it has, the amount that qualifies as wages, or the health insurance premiums paid to employees who are eligible. You can read the article above for a more detailed explanation of how ERC is calculated.

How to claim 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 must declare the wages and costs of health insurance paid to employees who qualify and the credit claimed each quarter.

When is the deadline to file the ERC Forms

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

Form 941 deadline is typically the last of the month following each quarter. Meanwhile, the deadline for Form 941-X is generally three years from the date that the original Form 941 was filled. It can be as late as two years after you paid the tax, but the later date is the preferred date.

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