Do you own or operate a El Pollo Loco franchise restaurant?
Wondering if your El Pollo Loco location qualifies for the Employee Retention Credit (ERC) due to negative impact of COVID during 2020 and 2021?
As a El Pollo Loco franchisee, yes it does, and here is why.
Your El Pollo Loco restaurant still qualifies for the employee retention tax credit, depending on the mandated state government, county, city, or municipality restrictions placed on your location during the COVID pandemic. Even if your revenue increased during 2020 and 2021, vs. 2019, you still qualify.
If your El Pollo Loco franchise restaurant was forced to close your indoor dining room, or limit seating capacity indoors, or reduce your hours of operation at your El Pollo Loco location, this qualifies your El Pollo Loco restaurant location under the IRS Employee Retention Tax Credit (ERTC) “partial shutdown” rules.
Meaning, your El Pollo Loco restaurant was allowed to still do delivery, carryout, or outdoor seating. Even if your location did not have to be fully shutdown. However, you were mandated to close your El Pollo Loco indoor dining, and / or reduce your hours of operation at your El Pollo Loco location.
Under the IRS ERC rules and regulations, your El Pollo Loco business qualifies because your operations were disrupted due to government intervention by forcing you to reduce your business capacity. This qualifies your El Pollo Loco franchise for the ERC Credit and tax refund from the start date of government restrictions, to the end date when all restaurant capacity restrictions were lifted.
This is exciting news for all El Pollo Loco franchisees and owners to help offset and recoup costs from the negative impact of COVID on your restaurant.
Many Financial and Accounting Professionals, CPAs, Financial Planners, Advisors, and Attorneys are unknowingly advising their El Pollo Loco restaurant clients wrong because they do not fully understand all the Employee Retention Credit tax guidelines as they relate to restaurants and food service-type businesses.
Schedule Your Free Restaurant Employee Retention Credit Consultation to see if your El Pollo Loco franchise location qualifies for the ERC Refund.
Key ERC Credit Takeaways You Will Learn:
- Up to $26,000 Credit Per Employee: El Pollo Loco franchises can receive a significant tax credit for eligible wages paid.
- Pandemic Years Coverage: The credit applies to wages paid during the specific period of the COVID-19 pandemic.
- Federal Income Tax Benefit: This is a federal tax credit, offering a direct reduction in tax liability.
- Employee Wages Focus: The credit is based on employee wages, incentivizing the retention of staff during the pandemic.
- Boost to Restaurant Employers: Designed to aid restaurant employers like El Pollo Loco during challenging economic times.
See Important 2024 Employee Retention Tax Credit Deadline Information at the Bottom of This Article.
Background on El Pollo Loco Franchise Restaurant Owners and Franchisees
For El Pollo Loco franchisee owners, the average annual sales volume of a El Pollo Loco franchise restaurant location in 2021 was $2,000,000.
El Pollo Loco restaurant franchises overall generated $973,000,000 in revenue from 292 locations.
This increased from the previous year by 1.
Overall, El Pollo Loco corporate has a total of 189 company units added to the 292 franchise units, for a combined total of 481 restaurant location units company-wide.
Visit the El Pollo Loco company website at ElPolloLoco.com.
El Pollo Loco Employee Retention Credit For Franchise Restaurants
El Pollo Loco franchisee owners are not alone. The restaurant industry continues to struggle with the economic impact of the COVID pandemic, high inflation, and a possible recession. El Pollo Loco restaurant owners are looking for ways to support their El Pollo Loco employees and keep their businesses afloat, especially El Pollo Loco franchise restaurant owners who have a healthy investment in franchise fees and other expenses to recoup and earn a return from owning a El Pollo Loco restaurant.
The Employee Retention Credit (ERC) or Employee Retention Tax Credit (ERTC) was established by the Coronavirus Aid, Relief, and Economic Security (CARES) Act to help restaurant and food service type business employers retain their staff during economic hardship and negative impact due to COVID.
The Internal Revenue Service (IRS) ERC Tax Refund program is an important tool for restaurateurs, restaurant owners, principals, and employers. The ERTC offers tax relief and provides a financial incentive to retain employees during the past economic disruption that occurred during 2020 and 2021.
For El Pollo Loco owners, having a thorough understanding of the ERC credit and how it applies to their El Pollo Loco restaurant franchise, owners and principals can ensure they take full advantage of this tax credit to support their El Pollo Loco employees and locations.
Here is how El Pollo Loco restaurant owners and principals can take advantage of this valuable IRS tax credit to help their El Pollo Loco location stay open with positive cash-flow to continue keeping their W-2 employees on the payroll.
Employee Retention Tax Credit For El Pollo Loco Restaurant Owners
The Employee Retention Credit for El Pollo Loco restaurants is a tax credit available to eligible El Pollo Loco restaurants and other food service businesses. It provides restaurant employers with a federal income tax credit of up to $26,000 per employee for wages paid during the pandemic years of 2020 and 2021.
This tax incentive is intended to help reduce the financial burden of having retained El Pollo Loco employees who may otherwise have been laid off or suspended due to the economic downturn caused by the pandemic.
The ERC applies to gross wages paid to your El Pollo Loco franchise employees between March 13, 2020 and September 30, 2021, only for each quarter during this time frame that may have qualified. 3/13/20 to 9/30/21 time frame is for El Pollo Loco franchises that were in existence prior to COVID.
For El Pollo Loco locations that opened after February 15, 2020, this restaurant is considered a recovery start-up business, and may qualify through December 31, 2021 (12/31/21) of the 4th quarter.
Qualified El Pollo Loco restaurants in 2020 can claim up to $5,000 maximum per employee for all of 2020. This is based on up to 50% of a El Pollo Loco employee’s qualified wages. Eligible El Pollo Loco employers must also have experienced either a full or partial shutdown due to orders, OR a capacity restriction from a governmental authority, OR have experienced a significant decline in gross receipts compared with the same quarter in 2019.
Almost every state forced El Pollo Loco restaurants to close their indoor dining, and / or limited their interior seating capacity. These periods of time occurred in which state, county, and city your El Pollo Loco restaurant is located, will qualify the quarters and periods of time the capacity restrictions were imposed on your El Pollo Loco location.
For all of 2020, El Pollo Loco employers can access up to $5,000 maximum for eligible employees, and up to $7,000 per quarter, per employee, for eligible employees (for each quarter) in 2021. This means up to a combined $26,000 to $33,000 per employee depending on certain factors.
For El Pollo Loco Restaurants, What Are The Eligibility Requirements For The Employee Retention Credit?
To qualify for the ERC, El Pollo Loco restaurants must have experienced a full or partial suspension of their operations due to orders from a governmental authority limiting their ability to operate during specific periods in 2020 due to the pandemic.
Another way to qualify is if your El Pollo Loco restaurant had experienced a significant decline in gross receipts of at least 50% in 2020, or 20% in 2021, compared to the same calendar quarter in 2019, a pre-COVID year for your El Pollo Loco franchise. 2020 vs. 2019 and 2021 vs. 2019, quarter by quarter.
If you had less than 100 El Pollo Loco employees paid in any given quarter in 2020 that qualifies, then all gross wages are counted, whether the employee was full-time or part-time.
In 2021, if your El Pollo Loco restaurant had less than 500 employees paid in any given quarter in 2021 that qualifies, then all gross wages are counted, whether the employee was full-time or part-time working for your El Pollo Loco franchise.
The Internal Revenue Service (IRS) provides the following specific restaurant examples to explain “full or partial closure orders” during a calendar quarter:
•Social Distancing Through Capacity Restrictions at Your El Pollo Loco Location
It appears that government orders restricting the spacing of tables or limiting seating at your El Pollo Loco has more than a nominal impact on the restaurant’s business operations under the facts and circumstances.
•El Pollo Loco Dining Is Closed Indoors, But Open Outdoors or for El Pollo Loco Delivery
Following the order, the El Pollo Loco restaurant can operate only its outdoor sit-down and carry-out service during this period. Since, under the circumstances, a significant portion of the El Pollo Loco restaurant’s business operations, its indoor dining service, has been closed by a government order, the El Pollo Loco restaurant’s business operations are partially suspended.
•El Pollo Loco Restaurants All Interior Dining Rooms Are Closed
Due to a government order closing all restaurants, bars, and similar food service establishments for sit-down service (indoor dining), a El Pollo Loco restaurant must close its on-site dining area.
El Pollo Loco restaurants that qualify for the ERC can receive a tax refund cash incentive equal to a percentage of qualified gross wages paid:
- Services and other gatherings were restricted by government orders; or
- There was a significant decline in gross receipts for these El Pollo Loco restaurants.
What If My El Pollo Loco Restaurant Received a Paycheck Protection Program (PPP) Loan?
Good news El Pollo Loco owners!
Due to recent changes in the ERC program, there are still ERC refund benefits available to organizations and El Pollo Loco owners that have previously received PPP Loans, Restaurant Revitalization Funds (RRF), or Shuttered Venue Operator Grants.
The El Pollo Loco PPP Loan (or loans), if your El Pollo Loco location received two PPP loans, just needs to be correctly subtracted out from the date it was received against the qualified gross wages paid to your employees at El Pollo Loco.
Besides El Pollo Loco franchises, there are many more types of restaurants that are eligible for the ERC credit. If your business serves any type of food similar to El Pollo Loco, you are probably eligible.
How El Pollo Loco Franchisees Can Claim The Employee Retention Tax Credit?
Once your El Pollo Loco franchise restaurant location has met all the eligibility requirements for the Employee Retention Credit, you can claim it on IRS Form 941-X.
It seems simple enough, however, the ERC Credit is highly confusing and complex when dealing with the ERC program.
See If Your El Pollo Loco Restaurant Qualifies For The ERC Credit. Schedule Your Free ERC Tax Refund Consultation For Expert Help In Claiming The ERTC Credit For Your El Pollo Loco Franchise.
When dealing with IRS tax matters, federal payroll taxes, income taxes, tax returns and other matters before the IRS, it’s always best to have expert help to stay safe and compliant.
Additionally, you should keep all your El Pollo Loco records and supporting documents in case the IRS has any questions. As a restaurant employer, understanding and meeting the expectations of the Employee Retention Credit For Franchise Restaurants is critical to taking advantage of the available tax credits.
Most importantly, El Pollo Loco employers must accurately calculate the ERC Credit amount, provide the necessary documentation to support their ERC claim, and ensure they comply with all relevant laws. El Pollo Loco employers are also responsible for keeping accurate records of their employee’s wages and hours worked.
You can also check out the detailed guide on How to Claim the Employee Retention Credit (ERC)?
Is The Employee Retention Tax Credit Only For El Pollo Loco Restaurants?
No, the employee retention tax credit is not only for El Pollo Loco restaurants. The Employee Retention Tax Credit (ERTC) was created as part of the Coronavirus Aid, Relief and Economic Security (CARES) Act to support business owners and El Pollo Loco franchisees who have been affected by the Coronavirus pandemic.
This tax credit is available to all businesses regardless of size or industry, so restaurant employees are not the only ones eligible for this benefit.
To qualify for these tax benefits, El Pollo Loco employers must demonstrate that they experienced either a full or partial suspension of business operations due to governmental orders related to COVID-19 or had significant revenue losses due to the virus.
Besides El Pollo Loco franchises, the ERC program is open to all types of businesses, including educational institutions, churches and other religious organizations, nonprofit organizations, and tribal governments.
Can A El Pollo Loco Restaurant Be Eligible For The ERC Credit And PPP Loan?
Yes! Even if your El Pollo Loco restaurant received an SBA Paycheck Protection Program (PPP) loan, an Economic Injury Disaster Loan (EIDL), or a Restaurant Revitalization Fund (RRF) grant, you are still eligible under current IRS rules and regulations, provided certain requirements are met.
The El Pollo Loco payroll expenses that were paid by PPP loans may not be considered eligible for ERC. You can not claim ERC on the same wages paid by PPP loan. The IRS doesn’t want double-dipping of the same exact wages paid with PPP month to your El Pollo Loco employees.
Is The ERTC Available To El Pollo Loco Locations That Received Restaurant Revitalization Fund (RRF) Grants?
Yes! The “Restaurant Revitalization Fund” was recently established as part of the American Rescue Plan Act of 2021, providing restaurants with additional assistance.
A clarification was issued by the IRS on August 20, 2021, stating that Paycheck Protection Program (PPP) loans nor Restaurant Revitalization Funds (“RRF”) should be considered gross receipts for the purposes of determining eligibility.
Are Tipped Wages at El Pollo Loco Eligible For The Employee Retention Tax Credit?
Yes! As part of this relief measure, certain qualified wages are eligible for reimbursement via an employer’s payroll tax credits. Tipped wages are included in qualified wages if they meet specific criteria as determined by the US Internal Revenue Service (IRS).
If the tipped wages are more than $20 a month and are subject to FICA then those tipped wages are eligible for ERTC.
What Is The El Pollo Loco Full-Time or Part-Time Employee Count For ERC Eligibility for 2020 and 2021?
There is confusion because the IRS changed the criteria in 2021 for ERTC.
If you had less than 100 El Pollo Loco employees paid in any given quarter in 2020 that qualifies, then all gross wages are counted, whether the employee was full-time or part-time.
In 2021, if your El Pollo Loco restaurant had less than 500 employees paid in any given quarter in 2021 that qualifies, then all gross wages are counted, whether the employee was full-time or part-time working for your El Pollo Loco franchise.
Would It Be Better If I Combined The Gross Receipts From All Of My El Pollo Loco Franchise Restaurants?
Restaurants in a group may claim the credit for gross receipts if the value of their gross receipts is equal to or greater than an aggregate sum that’s specified by regulators.
If the group meets the criteria, each individual entity may claim the credit, regardless of whether the group as a whole achieved the minimum threshold.
If the gross receipts present for the group as a whole do not meet the requirements, none of the entities may claim the credit even though some restaurants individually had a decline.
How Do I Compare My Q1 2020 Gross Receipts With My Q1 2019 Gross Receipts If I Didn’t Start My El Pollo Loco Restaurant Until Mid-Q2 2019?
If you opened your El Pollo Loco franchise at the beginning of a quarter this year, you can calculate the gross receipts you have for the entire year. The first 3 months of the El Pollo Loco opening in this year can be used as the basis for this calculation.
Conclusion and Summary for Franchise Owners of El Pollo Loco Restaurants
The Employee Retention Credit is a great way for El Pollo Loco restaurants to offset some costs associated with retaining and keeping employees employed during those tough times experienced in 2020 and 2021 due to COVID.
The ERC Refund will help El Pollo Loco restaurant owners receive a much-needed tax refund to keep their El Pollo Loco franchise profitable.
Your El Pollo Loco location probably qualifies for the ERC based on government orders limiting the indoor seating capacity or hours of operation for your El Pollo Loco.
El Pollo Loco Franchise Owners: Get Help on How to Apply for the Employee Retention Tax Credit (ERC / ERTC): Claim Up To a $26,000 Refund Per Employee for Your El Pollo Loco Location
Disaster Loan Advisors can assist your El Pollo Loco restaurant with the complex and confusing Employee Retention Credit (ERC) and Employee Retention Tax Credit (ERTC) program.
Depending on eligibility, El Pollo Loco owners can receive up to $26,000 per employee based on the number of W2 employees you had on the payroll in 2020 and 2021.
The ERC / ERTC Program is a valuable IRS tax credit you can claim for your El Pollo Loco franchise.
Schedule Your Free Employee Retention Credit Consultation to see what amount of employee retention tax credit your El Pollo Loco location qualifies for.
ERC Deadline Urgency in 2024
April 15, 2024 Deadline for the 2020 ERC Tax Year
The deadline is coming up for the final opportunity to retroactively claim your business Employee Retention Credit for the past 2020 tax year. With the April 15, 2024 deadline fast approaching, we urge you; don’t let this final chance pass!
While not all businesses will qualify, as it depends on multiple factors per IRS Rules and Guidelines, you might be leaving significant financial relief on the table from prior COVID impact to your business during the past 2020 and 2021 business operation years.
Last year, in September 2023, the IRS temporarily paused processing ERC Claims for the remainder of last year. We at Disaster Loan Advisors (DLA) predicted this over one year ago when we made this ERC video warning business owners. See the ten-minute mark of the video for details.
TAKE ACTION NOW IN 2024
Even though the IRS has temporarily paused processing, you will still want to check eligibility and file now (if you qualify) because once the IRS will resume processing, ERC tax credit claims are processed in the order they are received.
If you haven’t previously filed for the ERC Credit, it is worth scheduling a phone call to at least explore your possible eligibility from both the past 2020 and 2021 business tax years. Contact us today for a deep-dive analysis to determine if your business qualifies one or more quarters from the 2020 and / or 2021 tax years.
As a leading dedicated member of the Tax and Accounting Team at Disaster Loan Advisors™, Mark focuses on unlocking the ERC Tax Credit's potential for eligible firms that qualify, providing strategic advice, and detailed guidance to ensure substantial financial recovery and growth. His methodical approach to client engagement includes comprehensive deep-dive analysis, customized consultation and guidance, and a commitment to achieving tangible results for each business served.
Disaster Loan Advisors™ (DLA) offers a comprehensive suite of services designed to navigate the complexities of the Employee Retention Tax Credit (ERC) program, ensuring that qualified businesses leverage the maximum possible benefit with minimum hassle. Unlike some firms that charge exorbitant contingency or percentage-based fees (often between 10% to 30% of your ERC refund), DLA operates on a fair and reasonable, transparent flat-fee structure that aligns with the IRS's guidelines.
If you are looking for an ERC Company that believes in providing professional ERC Services and value for small business owners, in exchange for a fair, reasonable, and ethical fee for the amount of work required, Disaster Loan Advisors™ is a good fit for you. STAY SAFE. STAY COMPLIANT. KEEP MORE OF YOUR REFUND.™
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