Employee Retention Credit for Employees (updated March 2024)

Image Credit: Lacheev / 123RF.com (Licensed). Photo Illustration by: Disaster Loan Advisors.

What is the employee retention credit for employees? 

In today’s business landscape, retaining and keeping employees on board to maintain a healthy work environment has become more crucial than ever. The Employee Retention Credit (ERC) is designed to provide financial support to companies navigating the challenges of the COVID-19 pandemic, ensuring job stability and economic security for their workforce.

This comprehensive guide will help you understand what ERC is, its benefits for both employers and employees, eligibility criteria, and how it interacts with other relevant programs such as the Paycheck Protection Program (PPP).

Key ERC Credit Takeaways You Will Learn:

  • Eligibility Requirements for Employee Retention Credit: Check if your business qualifies for this tax credit.
  • Qualifying for the Credit: Understand the criteria and steps to ensure your business meets the requirements.
  • Employee Eligibility: Find out which employees are eligible for the credit to maximize its benefits.
  • Meeting Requirements: Familiarize yourself with the specific requirements your business must meet to claim the credit.
  • Maximize Benefits: Leverage the Employee Retention Credit to claim up to $26,000 per employee and boost your refund.

See Important 2024 Employee Retention Tax Credit Deadline Information at the Bottom of This Article.

Table of Contents

Understanding The Employee Retention Credit (ERC)

The Employee Retention Credit (ERC) is a tax credit designed to provide relief for employee retention credit for employees of companies impacted by the COVID-19 pandemic, and eligible employers can claim this refundable credit against certain employment taxes.

Definition And Purpose Of The ERC

The Employee Retention Credit (ERC) is a fully refundable tax credit designed to provide financial relief for eligible employers who faced revenue losses due to the COVID-19 pandemic.

Essentially, the ERC enables qualified employers to claim a credit against certain employment taxes equal to 50% of up to $10,000 in qualifying wages, per employee. For example, if an eligible employer pays $8,000 in qualified wages to an eligible employee during a specific quarter in 2021, they can receive up to $4,000 as a refundable payroll tax credit amount.

Eligibility Criteria For Employers And Employees

To qualify for the Employee Retention Credit, both employers and employees must meet certain eligibility requirements. These criteria play a vital role for most employers in ensuring that the tax credit benefits those most affected by the pandemic. The following is a list of eligibility criteria for employers and employees:

1. Employers must have experienced either a full or partial suspension of operations due to COVID-19-related governmental orders, or show a significant decline in gross receipts compared to the same calendar quarter in 2019.

2. A significant decline is defined as a 50% reduction in gross receipts for 2020 or a 20% reduction in gross receipts for 2021.

3. Eligible employees include those who are not working due to the suspension of operations or reduced hours, resulting from COVID-19’s impact on business operations.

4. Qualified wages are determined based on the employer’s size: if an employer had 100 or fewer full-time employees in 2019, all employee wages qualify for the credit; if an employer had more than 100 full-time employees, only wages paid to workers not providing services qualify for the credit.

5. Sole proprietors, self-employed individuals, and household employers are not eligible to claim the Employee Retention Credit.

6. Businesses that received Paycheck Protection Program (PPP) loans may be able to claim the Employee Retention Credit, but they cannot claim both benefits for the same payroll costs.

7. Governmental organizations and entities are generally excluded from being eligible employers, with some exceptions such as tribal governments and colleges or universities.

By understanding these key eligibility criteria for employers and employees regarding the Employee Retention Credit, small- to medium-sized business owners can better assess their ability to benefit from this valuable tax relief program during challenging times.

Importance Of The ERC For Businesses And Employees

The Employee Retention Credit (ERC) serves as a crucial lifeline to businesses that have experienced economic hardship and hardships due to the COVID-19 pandemic. This fully refundable tax credit, which covers up to 50% of qualified wages paid by eligible employers, fosters financial stability for businesses and protects employees’ livelihoods during these challenging times.

The benefits of the ERC extend beyond just monetary assistance; it also plays a significant role in fostering employee morale and loyalty. When employees feel secure in their jobs knowing that their employer is receiving support through programs like the ERC, they are more likely to remain dedicated and committed members of the team.

How The Employee Retention Credit Benefits Employees

The Employee Retention Credit benefits employees by providing job security and stability, enhancing employee morale and loyalty, and encouraging employers to keep employees on payroll.

Job Security And Stability

The Employee Retention Credit (ERC) can provide significant benefits for employees, including job security and stability. By offering employers a tax incentive to keep employees on their payroll, the ERC encourages businesses to retain their valuable workforce during difficult financial times.

This not only provides peace of mind for employees who may be concerned about job security but also helps to maintain team morale and loyalty.

Enhanced Employee Morale And Loyalty

The Employee Retention Credit (ERC) not only the employee retention tax credit benefits employers but also employees. By giving businesses an incentive to retain their workforce, the ERC provides job security and stability for employees.

This can enhance employee morale and loyalty, as they feel valued by their employer during uncertain times.

For example, a small business owner who received the ERC was able to keep all of their staff employed throughout the pandemic, even when faced with financial hardships.

Additionally, by retaining skilled workers rather than having to lay them off or replace them with new hires in the future, businesses can avoid costly hiring and training expenses down the line.

Encourages Employers To Keep Employees On Payroll

The Employee Retention Credit can be a lifeline for small and medium-sized businesses struggling to keep employees on payroll during the pandemic. By providing a refundable tax credit, this program incentivizes employers to retain their workforce even when times are tough.

As a result, it helps maintain stability in the job market and promotes morale and loyalty among employees who know they have job security.

For example, suppose your business experienced a significant decline in gross receipts due to COVID-19 in 2020 or 2021. In that case, you may be eligible for the ERC and able to claim up to $7,000 per quarter per employee as a tax credit from March 13th, 2020 through December 31st of this year.

Eligibility Criteria For Employers

To be eligible for the Employee Retention Credit, employers must have experienced a full or partial suspension of operations due to government orders related to COVID-19 or experienced significant declines in gross receipts compared to the same fourth quarter back in 2019.

COVID-19 Impact On Business Operations

The COVID-19 pandemic has had a significant impact on businesses worldwide. Many companies have been forced to temporarily shut down or reduce their operations, resulting in reduced revenue and cash flow.

However, the Employee Retention Credit (ERC) provides eligible employers with some relief by allowing them to claim a refundable tax credit against certain employment taxes.

To qualify for the ERC, an employer must have experienced a significant decline in gross receipts compared to the previous year or have been partially suspended or fully suspended due to government orders related to COVID-19.

Partial Or Full Suspension Of Operations

To be eligible for the Employee Retention Credit, employers must have partially or fully suspended operations during any calendar quarter in 2020 and the entire quarter in 2021 due to a government order related to COVID-19.

This includes orders that have limited business hours or restricted customer access. For example, restaurants that were forced to close their indoor dining areas for a period of time due to government restrictions may qualify for the credit.

Even if your business was not directly ordered to shut down, you may still be eligible if COVID-19 caused a significant decline in gross receipts compared to the previous year.

This means that even if your doors remained open, but customers were staying at home and not making purchases as frequently as before, you could still claim the tax credit on wages paid during this difficult period.

Decline In Gross Receipts Compared To Previous Year

One of the eligibility criteria for which employers qualify to claim the Employee Retention Credit is a significant decline in gross receipts compared to the previous year. This means that businesses must have experienced a drop in revenue due to COVID-19, which has impacted their ability to retain employees.

The IRS defines this decline as a decrease of at least 20% in gross receipts during any quarter of 2020 or 2021 compared to the same quarter in the previous year.

It’s important to note that there are additional rules and guidelines around how to calculate gross receipts and determine eligibility for claiming this credit.

Overview Of The Employee Retention Credit Calculation

The Employee Retention Credit (ERC) is a valuable tax credit that can help eligible employers keep their employees on payroll during difficult times, such as those caused by COVID-19. But did you know that this employee retention tax credit also benefits employees directly? By providing job security, enhancing morale and loyalty, and encouraging employers to retain staff, the ERC can make a big difference in your life as an employee. In this blog post, we’ll explore how the ERC works and what it means for workers like you. Read on to learn more about the employee retention credit work and tax credit credit for employees!

Credit Rate And Maximum Credit Amount Per Employee

The Employee Retention Credit offers substantial financial relief to small and medium-sized businesses, helping them retain employees during the challenging economic landscape brought upon by the COVID-19 pandemic. The credit rate and maximum credit amount per employee have been revised for 2021 to provide greater assistance to eligible employers. The following table outlines these changes:

YearCredit RateMaximum Qualified Wages per EmployeeMaximum Credit per Employee
202050%$10,000 (annually)$5,000 (annually)
202170%$10,000 (per quarter)$7,000 (per quarter)

As shown in the table, for 2020, the credit rate is 50% of qualified wages, with a maximum credit of $5,000 per employee corresponding quarter based on an annual cap of $10,000 in qualified wages. However, in 2021, the credit rate increased to 70% of qualifying wages paid with a maximum credit of $7,000 per employee per quarter, as the cap on qualified wages remains at $10,000 per quarter. This means that employers can potentially claim up to $28,000 per employee in tax credits for 2021.

Qualified Wages And Allocation Of Credit For Different Quarters

Qualified wages are the wages and compensation paid to employees who meet certain eligibility requirements set forth by the Employee Retention Credit (ERC) program. These criteria include either a full or partial shutdown of business operations due to COVID-19, as well as certain wages such as significant declines in gross receipts compared to previous years.

The allocation of credit for different quarters depends on when qualified wages were paid and how many full time employees there were employed during that time. For example, if an employer had 100 or fewer full-time employees, they could claim the ERC for all qualified wages paid during each quarter in 2021 – for up to three years with a maximum credit per employee of $7,000 per quarter.

Interaction With Other COVID-19 Relief Programs

The Employee Retention Credit (ERC) can be used alongside other COVID-19 relief programs, such as the Paycheck Protection Program (PPP). However, employers cannot claim both the ERC and PPP for the same wages.

Employers must choose which program to use for each quarter depending on their needs. For example, if an employer wants to retain employees while also covering rent and utilities, they could use the PPP loan for those expenses and still claim the ERC for employee wages.

Image Credit: Stylephotographs / 123RF.com (Licensed).

Employee Retention Credit vs Paycheck Protection Program

The Employee Retention Credit (ERC) and Paycheck Protection Program (PPP) are two separate programs that provide financial support for businesses impacted by COVID-19, with the ERC offering a refundable payroll tax credit to incentivize employers to keep employees on payroll, while the PPP provides forgivable loans that can be used for various business expenses.

Key Differences And Similarities Between The Two

Understanding the differences and similarities between the Employee Retention Credit (ERC) and the Paycheck Protection Program (PPP) is crucial for small to medium-sized business owners in determining the best course of action for their businesses. The table below highlights the key aspects of both programs, allowing for a clearer comparison.

FeaturesEmployee Retention Credit (ERC)Paycheck Protection Program (PPP)
Type of Financial ReliefFully refundable tax creditLoan that can be partially or fully forgiven
EligibilityEmployers with a significant decline in gross receipts, or partially or fully suspended operations due to COVID-19 government mandatesSmall businesses and non-profits in operation as of February 15, 2020, with 500 or fewer employees
Maximum Amount50% of up to $10,000 in qualified wages per employee per quarter in 2021 (max $7,000 credit per employee per quarter)Loan amount calculated based on 2.5 times the average monthly payroll costs, up to $10 million
Covered ExpensesQualified wages, including qualified health expensesPayroll costs, mortgage interest, rent, utilities, and certain worker protection expenses
Application ProcessClaimed on quarterly tax filings or on an amended returnApply through SBA-approved lenders
DeadlineCredit available for qualifying wages paid from March 13, 2020 through December 31, 2021. The application deadline was May 31, 2021
Overlap RestrictionsEmployers cannot claim both ERC and PPP for the same wagesPPP loan funds cannot be used for wages claimed under the ERC

While there are some similarities, such as the financial relief offered to businesses affected by COVID-19, the key differences lie in the eligibility criteria, scope of covered expenses, and the application process. It’s important for business owners to carefully consider their specific needs and circumstances before deciding which program to pursue.

Which Program Is Better Suited For Different Businesses And Employees

While both the Employee Retention Credit (ERC) and Paycheck Protection Program (PPP) offer relief for businesses impacted by COVID-19, they serve different purposes. The ERC is a tax credit that helps employers retain employees, while PPP loans are meant to provide funding for payroll and operating expenses.

Generally, if your business has experienced a significant decline in revenue in 2020 or 2021 due to COVID-19, you may be eligible for both programs. However, it’s important to note that you cannot use the same wages for both programs.

If you’re trying to decide which program is better suited for your business, consider your specific needs and goals. For example, if your primary goal is retaining employees and maintaining cash flow during uncertain times, the ERC may be a good option since it offers immediate tax relief on qualified wages paid to employees.

Ultimately, it’s best to consult with a qualified accounting professional who can help assess your eligibility and identify which program(s) will benefit your small to medium-sized business most effectively based on the specifics of your situation.

Common Misconceptions And Myths About The Employee Retention Credit

There are several misconceptions and myths surrounding the Employee Retention Credit, such as it being only available to certain industries or that taking a PPP loan disqualifies an employer from claiming the employee retention tax credit.

Debunking Frequently Circulated Misconceptions About The ERC

One of the challenges for small to medium-sized business owners is navigating through the misinformation and myths surrounding the Employee Retention Credit (ERC). Here are some of the most frequently circulated misconceptions about the ERC, debunked:

1. Myth: Employers who received a PPP loan cannot claim the ERC.

Fact: Employers who received a PPP loan are also eligible for the ERC, but they cannot claim it on wages that were paid for with forgiven PPP funds.

2. Myth: The ERC is only available if you have to shut down your business due to COVID-19.

Fact: The ERC is available even if your business was not fully or partially shut down due to COVID-19. You may still be eligible if your gross receipts declined by more than 20% compared to a corresponding third quarter, in 2019.

3. Myth: You can only claim one relief program, either the ERC or the PPP.

Fact: Eligible employers can claim both the ERC and PPP, but they cannot use both programs for the same payroll expenses.

4. Myth: The IRS will automatically apply the credit to your payroll tax deposits.

Fact: Employers must proactively claim the credit on their federal employment tax returns or Form 941-X in order to receive it.

5. Myth: The ERC is not worth claiming because it’s too difficult and time-consuming.

Fact: While claiming any tax credit can seem daunting, there are resources available (such as online calculators) to help you determine eligibility and calculate potential benefits. And with up to $7,000 per employee per quarter in 2021, claiming this credit could provide significant relief during these challenging times.

By understanding and debunking these common misconceptions about the Employee Retention Credit, small to medium-sized business owners can make informed decisions about whether or not they should pursue this valuable opportunity for relief during these uncertain times.

IRS Rules And Guidelines For Employers Claiming The Employee Retention Credit

Employers claiming the Employee Retention Credit must follow specific IRS rules and guidelines, which include determining eligibility, calculating the total credit amount, and filing necessary forms.

Important Information And Best Practices For Claiming The ERC

To an eligible employer claiming the Employee Retention Credit (ERC), eligible employers must file Form 941, Employer’s Quarterly Federal Tax Return. Here are some important information and best practices for an eligible employer claiming the ERC:

1. Keep accurate records: Employers should keep detailed records of their revenue losses, suspended operations, and any other relevant information that supports their eligibility for the ERC.

2. Use the right form: The ERC is claimed on Form 941. Employers should use this form to report their employment and payroll taxes paid for each quarter.

3. Report wages correctly: Employers should accurately report wages paid to each employee during the relevant quarters. Qualified wages are limited to $10,000 per employee per calendar quarter.

4. Consider PPP loan forgiveness implications: If an employer received a Paycheck Protection Program (PPP) loan, they cannot claim the ERC for wages that were used to justify PPP loan forgiveness.

5. Be aware of interaction with other tax credits: The ERC cannot be claimed for wages that were used to calculate other tax credits such as Work Opportunity Tax Credit or Paid Family Leave Payroll Tax Credit.

6. Claiming advances and refunds: Eligible employers can request an advance payment of the credit generating period ERC by filing Form 7200, Advance Payment of Employer Credits Due to COVID-19. If an eligible employer has overclaimed the refundable credit amount on a previous return, they can choose to either offset future payroll taxes or file a full refundable credit claim using Form 941-X.

By following these best practices and understanding all pertinent information about claiming the ERC, small and medium-sized business owners can take advantage of this tax credit designed to retain employees during these challenging times caused by COVID-19 disruptions.

Timelines And Deadlines For Claiming The Employee Retention Credit

Employers need to file Form 941, Employer’s Quarterly Federal Tax Return, or Form 941-X, Adjusted Employer’s Quarterly Federal Tax Return or Claim for Refund, to claim the Employee Retention Credit; for more information on filing deadlines and other requirements, check out the IRS website.

Necessary Steps And Deadlines For Filing For The ERC

To claim the Employee Retention Credit (ERC), eligible employers need to follow these necessary steps and deadlines:

1. Determine eligibility: Employers must determine if they meet the eligibility criteria for ERC, which include experiencing a significant decline in gross receipts or fully or partially suspending operations due to COVID-19.

2. Calculate the credit: Use either Form 941 or Form 944 to calculate the ERC for each quarter that you are eligible to claim. The IRS has released a tool to assist with ERC calculation.

3. Report the credit: Employers can report the ERC on their quarterly employment tax returns (Form 941) or on an adjusted employment tax return (Form 941-X).

4. Claiming advance payments: Employers can request advance payments of the ERC by submitting Form 7200 before filing their quarterly employment tax return. Note, this option is no longer available. Filing a 941-X is the current way to claim the ERC credit for each quarter that qualifies.

5. Documentation requirements: Keep proper records, including employment records and documentation related to eligibility criteria and qualified wages paid.

Regarding deadlines, employers have until April 30, 2021, to claim the ERC for qualified wages paid from March 13 – December 31, 2020. For qualified wages paid from January 1 – June 30, 2021, employers have until July 31, 2021, to claim the credit on their quarterly payroll tax return. Additionally, employers can file an amended payroll tax return within three years of its original due date to make adjustments and retrospectively claim any unclaimed ERC amounts.

It’s essential for small to medium-sized businesses to take advantage of this opportunity as it helps them retain employees amid economic hardships caused by COVID-19 while receiving financial benefits through payroll tax relief.

Conclusion and Summary, Plus Additional Resources For Employees and Employers to Learn More About The Employee Retention Credit

In conclusion, the Employee Retention Credit is a valuable tax credit for eligible employers that can provide job security and morale-boosting benefits for employees. If you’re interested in learning more, be sure to check out additional resources such as the IRS website or consult with a trusted tax professional.

Final Thoughts And Additional Information Sources For Employers and Employees Interested In Learning More About The ERC.

In conclusion, the Employee Retention Credit can be a valuable tax credit for small to medium-sized (SMB) businesses. It provides financial relief to companies impacted by COVID-19 while also benefiting employees through job security and enhanced morale.

For more information on the ERC, eligible employees and employers can visit the IRS website or speak with their payroll company. Additionally, there are online tools available that can assist in calculating potential tax credits.

Image Credit: Serrnovik / 123RF.com (Licensed).

Employee Retention Tax Credit (ERC / ERTC) Help: Claim Up To a $26,000 Refund Per Employee for Your Business

Disaster Loan Advisors™ can assist your business with the complex and confusing Employee Retention Credit (ERC) and Employee Retention Tax Credit (ERTC) program, without you having to pay an excessive percentage of your hard earned ERC refund. 

DLA doesn’t charge a percent like many companies do. Our flat fee structure is fair and reasonable based on the amount of work involved. Keep More of Your Refund™ 

Depending on eligibility, business owners can receive up to $26,000 to $33,000 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. This is money you have already paid to the IRS in payroll taxes for your W2 employees.

Schedule Your Free Employee Retention Credit Consultation to see what amount $ of employee retention tax credit your company 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.

Mark Monroe

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