Business Law

IRS Hire Credit: Claiming the Employee Retention Credit

Learn how to claim the Employee Retention Credit, a valuable tax credit for businesses

Introduction to the Employee Retention Credit

The Employee Retention Credit is a valuable tax credit available to businesses affected by the COVID-19 pandemic. The credit is designed to encourage businesses to keep employees on the payroll during difficult times. To qualify, businesses must have experienced a significant decline in gross receipts or been forced to suspend operations due to government orders.

The credit is worth up to 50% of qualified wages paid to employees between March 13, 2020, and December 31, 2020, and up to 70% of qualified wages paid between January 1, 2021, and September 30, 2021. Businesses can claim the credit on their quarterly employment tax returns or by requesting an advance payment from the IRS.

Eligibility Requirements for the Employee Retention Credit

To be eligible for the Employee Retention Credit, businesses must meet certain requirements. For 2020, businesses must have experienced a decline in gross receipts of at least 50% compared to the same quarter in 2019. For 2021, the decline in gross receipts must be at least 20% compared to the same quarter in 2019. Alternatively, businesses can qualify if they were forced to suspend operations due to government orders.

Businesses that received a Paycheck Protection Program loan can still claim the Employee Retention Credit, but the same wages cannot be used for both the loan forgiveness and the credit. Additionally, businesses must have paid qualified wages to employees during the eligible period to claim the credit.

Calculating the Employee Retention Credit

The Employee Retention Credit is calculated based on qualified wages paid to employees during the eligible period. For 2020, the credit is worth up to 50% of qualified wages, up to a maximum of $10,000 per employee. For 2021, the credit is worth up to 70% of qualified wages, up to a maximum of $10,000 per employee per quarter.

Qualified wages include wages paid to employees for hours not worked due to a suspension of operations or a decline in gross receipts. Additionally, qualified wages include wages paid to employees for hours worked, but only if the business was forced to reduce hours due to government orders.

Claiming the Employee Retention Credit

Businesses can claim the Employee Retention Credit on their quarterly employment tax returns, Form 941. To claim the credit, businesses must complete Form 5884-B, which is used to calculate the credit. Businesses can also request an advance payment of the credit by submitting Form 7200.

Businesses that have already filed their quarterly employment tax returns can still claim the credit by filing an amended return, Form 941-X. The IRS also provides guidance on how to claim the credit for businesses that have already received a Paycheck Protection Program loan.

Common Mistakes to Avoid When Claiming the Employee Retention Credit

When claiming the Employee Retention Credit, businesses must be careful to avoid common mistakes. One of the most common mistakes is failing to properly calculate qualified wages. Businesses must ensure that they are only claiming the credit for wages paid to employees during the eligible period.

Another common mistake is failing to properly document the credit. Businesses must keep accurate records of qualified wages, including payroll records and documentation of the decline in gross receipts or suspension of operations. The IRS may request documentation to support the credit, so businesses must be prepared to provide it.

Frequently Asked Questions

What is the Employee Retention Credit?

The Employee Retention Credit is a tax credit available to businesses affected by the COVID-19 pandemic, worth up to 50% or 70% of qualified wages paid to employees.

How do I calculate the Employee Retention Credit?

The credit is calculated based on qualified wages paid to employees during the eligible period, up to a maximum of $10,000 per employee.

Can I claim the Employee Retention Credit if I received a Paycheck Protection Program loan?

Yes, but the same wages cannot be used for both the loan forgiveness and the credit.

What is the deadline to claim the Employee Retention Credit?

The deadline to claim the credit is based on the quarterly employment tax return, Form 941, which is due on the last day of the month following the end of the quarter.

How do I request an advance payment of the Employee Retention Credit?

Businesses can request an advance payment by submitting Form 7200 to the IRS.

What documentation do I need to keep to support the Employee Retention Credit?

Businesses must keep accurate records of qualified wages, including payroll records and documentation of the decline in gross receipts or suspension of operations.