Legacy Business Solutions

Assisting economically impacted companies to keep employees on the payroll

What is the Employee Retention Credit?

The CARES Act introduced the latest ERC to encourage companies to maintain their payroll. This ERC is a refundable credit that businesses can claim on qualified wages paid to employees during 2020 and 2021.

The ERC provides a refundable employment tax credit, up to $5,000 per employee for 2020 and up to $21,000 per employee for 2021.

 

In 2020, it entitled employers to a 50% credit (maximum of $5,000 per employee) of the qualified wages paid to employees. This amount increased to 70% (maximum of $7,000 per employee, per quarter) for 2021 with the American Rescue Plan Act (ARPA).

Under the recently enacted American Rescue Plan Act (ARPA – Mar.2021) and previously under the Consolidated Appropriations Act, 2021, the employee retention credit, a provision of the CARES Act, is extended and expanded. With the signing of the Infrastructure Bill in November 2021, the ERC program was cancelled for Q4 of 2021.

Previous
Next

New Opportunities with 2021 ERC

2020 2021
FULL-TIME EMPLOYEE LIMITATION
< 100 FTEs
< 500 FTEs
CREDIT AMOUNT
50% credit on first $10,000 of wages
50% credit on first $10,000 of wages
MAXIMUM CREDIT ALLOWED PER EMPLOYEE
$5,000
$21,000
DECLINE IN GROSS RECEIPTS THRESHOLD
50% or greater relative to same quarter in 2019
20% or greater relative to same quarter in 2019 or relative to the prior calendar quarter

Am I eligible for the Employee Retention Tax Credit?

2020 2021
The ERC requires a 50% or greater decline in gross receipts to the comparable quarter in 2019
The ERC requires a 20% or greater decline in gross receipts to the comparable quarter in 2019

Many employers, including not-for-profits, qualify for the ERC.   Eligibility is determined on a quarter-by-quarter basis.  To be eligible the employer has to show they either:

  • Suspended operations fully or partially due to an official COVID-19-related shut down order

OR

  • Experienced a significant decline in gross receipts relative to the same quarter of 2019 (for 2021, the significant decline in gross receipts can also be measured by comparison to the prior calendar quarter)
For 2020 and 2021 Employers that received a Paycheck Protection Program (“PPP”) loan may still be able to claim the ERC. (the two benefits cannot be related to the same wages)

What is the Tax Credit Amount?

For 2020 you can receive a credit equal to 50% of the first $10,000 of Qualified Wages paid per employee in the aggregate for all eligible quarters. The maximum ERC for all of 2020 is $5,000 per employee.

For 2021, you can receive 70% of the first $10,000 of Qualified Wages paid per employee in each of the first 3 quarters in 2021. The maximum ERC for each quarter is $7,000 per employee. The maximum ERC for 2021 is $21,000 per employee.

Legacy Business Solutions ERC STUDY PROCESS

Legacy Business Solutions takes a thorough and comprehensive approach to evaluating and documenting your companies ERC credits.   ERC technical leaders are available to help you navigate the nuances of the employee retention tax credit.   This assessment is complimentary.  We get paid only if your company moves forward in successfully claiming the ERC.   Our approach will provide the necessary documentation to properly claim and sustain the ERC credits you are due.