Our team, led by Tim Parrish - attorney and former Tax Credits leader at Ernst & Young LLP - specializes in securing tax credits for businesses and organizations of all sizes.
The Employee Retention Credit (ERC) is a refundable payroll tax credit created in 2020 to help businesses retain their employees during COVID-19.
Your business may qualify if:
1) Your operations were fully or partially
2) You experienced a
You do not have to satisfy both tests.
The maximum refund per employee can be $26,000!
Either a
In many states, certain operations were either prohibited or limited due to COVID-19 restrictions imposed by state and local governmental authorities.
Year | Required decline in gross receipts |
---|---|
2020 | Quarterly decline >50% compared to the same quarter in 2019* |
2021 | Quarterly decline >20% compared to the same quarter in 2019** |
* Your eligibility in 2020 ends on the earlier of 1) the last day of the quarter in which your gross receipts exceeded 80% as compared to the same quarter in 2019 or 2) the last day of Q4 2020.
** Don't forget about the prior quarter safe harbor rule that applies for 2021! If your gross receipts decline by >20% in one quarter, you are also eligible in the subsequent quarter. A lot of employers miss this critical benefit.
In 2021 - for any given quarter - if your business experienced a >20% drop in gross receipts when compared to 2019.
For 2020, the drop must be >50% in any quarter to qualify under this test.
In 2021 - for any given quarter - if your business experienced a >20% drop in gross receipts when compared to 2019.
For 2020, the drop must be >50% in any quarter to qualify under this test.
Year | Required decline in gross receipts |
---|---|
2020 | Quarterly decline >50% compared to the same quarter in 2019* |
2021 | Quarterly decline >20% compared to the same quarter in 2019** |
* Your eligibility in 2020 ends on the earlier of 1) the last day of the quarter in which your gross receipts exceeded 80% as compared to the same quarter in 2019 or 2) the last day of Q4 2020.
** Don't forget about the prior quarter safe harbor rule that applies for 2021! If your gross receipts decline by >20% in one quarter, you are also eligible in the subsequent quarter. A lot of employers miss this critical benefit.
Contact us to discuss potential tax credit opportunities - including the ERC.
P.O Box 600176
Dallas, TX 75360
You're not alone! Here are the most common questions we receive from businesses about the ERC.
No. Businesses that claimed PPP (Paycheck Protection Program) loans may still be eligible for the ERC! This is a common misconception about the ERC – Congress made a retroactive change to the ERC at the end of 2020 to allow PPP loan recipients to claim the ERC.
Yes – there is no exclusion for essential businesses. However, essential businesses that remained open will need to demonstrate that their in-person operations were subject to modifications that reduced their ability to operate by at least 10%.
Yes, if you can establish that your operations were partially suspended due to a governmental order.
While payroll providers have payroll data, they're not positioned to help you determine and document the full extent of ERC eligibility or conduct the PPP overlap analysis. For example, some providers have missed the 2021 prior quarter safe harbor rule, leaving significant amounts of ERC refund on the table.