May An Eligible Employer Treat Payments Made To Former Employees Who Have Terminated Employment As Qualified Wages For Purposes Of The Employee Retention Credit? – #39 ERC IRS Notice 2021-20

Question #39:
May an eligible employer treat payments made to former employees who have terminated employment as qualified wages for purposes of the employee retention credit?

Found under the G. Qualified Wages section of the Employee Retention Credit (ERC) IRS Notice 2021-20 with updated guidance to help business owners follow the current ERC rules. 

The answer to question #39, May an eligible employer treat payments made to former employees who have terminated employment as qualified wages for purposes of the employee retention credit?, can be found below.

ERC IRS Notice 2021-20 Question #39:

G. Qualified Wages

May an eligible employer treat payments made to former employees who have terminated employment as qualified wages for purposes of the employee retention credit?

Payments, including severance payments or other post-termination payments, made to a former employee following termination of employment are not considered qualified wages for purposes of the employee retention credit. Payments may be considered qualified wages only if the payments are made to an employee while employed by the eligible employer.

 Payments made in connection with a former employee’s termination of employment are not qualified wages because they are payments for the past employment relationship and thus are not payments made with respect to an employee during the time for which the employee retention credit may be claimed. Whether an employee has terminated employment is based on all of the facts and circumstances, including whether the employer has treated the employment relationship as terminated for purposes other than the continuation of wage payments.

For more information about the Employee Retention Credit (ERC) IRS Notice 2021-20, visit the Internal Revenue Service (IRS) Department of the Treasury, official IRS.gov tax website.

Conclusion and Summary on May an eligible employer treat payments made to former employees who have terminated employment as qualified wages for purposes of the employee retention credit? – #39 ERC IRS Notice 2021-20

The answer to Question #39: “May an eligible employer treat payments made to former employees who have terminated employment as qualified wages for purposes of the employee retention credit?” was answered in detail above. It was found under section “G. Qualified Wages” in IRS Notice 2021-20. 

Leave a comment below if you have further questions on the Employee Retention Credit (ERC) or for clarifications on May an eligible employer treat payments made to former employees who have terminated employment as qualified wages for purposes of the employee retention credit?

Employee Retention Tax Credit (ERTC): Expert Assistance to Claim Your Business ERC Credit 

Up to a $26,000 ERC Refund from the IRS for Each Employee

Disaster Loan Advisors can assist your business with the complex and confusing Employee Retention Credit (ERC), Form 941-X, and the Employee Retention Tax Credit (ERTC) program. 

Depending on eligibility, business owners and companies 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 Tax Credit 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.

We DO NOT charge a percentage (%) of your ERC Refund like some companies are charging. Some ERC firms out there are charging upwards of 15% to 35% of your ERC refund!

Our professional ERC fee and pricing structure is very reasonable in comparison.

If you are looking for an ERC Company that believes in providing professional ERC Services and value, in exchange for a fair, reasonable, and ethical fee for the amount of work required, Disaster Loan Advisors is a good fit for you.

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

Cover Image Credit: Irs.gov / IRS Notice 2021-20 / Disaster Loan Advisors.

Mark Monroe

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