Jesseca Lane
Brand & Marketing
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Evan Shoemaker
Head of Product

Understanding the Employee Retention Credit

The Employee Retention Credit (ERC) is a tax relief measure aimed at supporting businesses during the economic strain caused by COVID-19. Originating under the CARES Act in 2020, the ERC has been a lifeline for many, providing a financial cushion to help keep employees on payroll.

Over the years, the ERC has evolved significantly:

  • CARES Act: Introduced the ERC in 2020 to help businesses retain employees.
  • Consolidated Appropriations Act: Expanded eligibility and increased the credit percentage.
  • American Rescue Plan Act: Further extended the credit, accommodating ongoing economic challenges.

For businesses, 2025 marks a crucial year:

  • Last Chance: 2025 is the final opportunity to claim the ERC retroactively.
  • Significant Savings: Businesses can potentially reduce tax liabilities or even secure a refund.
  • Strategic Financial Planning: Leveraging the ERC can enhance financial stability as businesses continue to navigate post-pandemic recovery.

Understanding these aspects of the ERC is vital for maximizing its benefits. This credit remains a key component in the toolkit for businesses striving to maintain resilience in challenging times.

Eligibility for Claiming the ERC in 2025

Businesses aiming to claim the Employee Retention Credit (ERC) retroactively in 2025 must meet specific eligibility criteria. Understanding these requirements is essential for ensuring compliance and maximizing potential benefits.

First, businesses must have experienced a significant decline in gross receipts. This means comparing quarterly revenues to the corresponding quarter in 2019 and showing a notable decrease.

Additionally, businesses that faced operational suspensions due to government COVID-19 restrictions are eligible. This includes both full and partial suspensions, affecting normal business operations.

For those who received a Paycheck Protection Program (PPP) loan, the ERC is still accessible. However, it's crucial to avoid using the same wages for both ERC claims and PPP loan forgiveness. Careful coordination is required to navigate this overlap effectively.

Here's a quick rundown of eligibility requirements:

  • Revenue Drop: Must show a significant decline compared to the same quarter in 2019.
  • Operational Suspension: Full or partial suspensions due to COVID-19 government orders qualify.
  • PPP Loan Recipients: Can claim ERC, ensuring wages aren’t double-counted for PPP forgiveness.

The American Rescue Plan Act extended the ERC eligibility into 2021, including a special provision for Recovery Startup Businesses. These are businesses that began operations after February 15, 2020, and meet specific financial criteria. This allows newer businesses to access the ERC benefits, offering support as they establish themselves. For further insights on managing financial challenges, small business owners can explore free small business grants, which provide various funding opportunities to aid in business recovery and growth.

IRS form W-2 wage and tax statement lies on flat lay office table and ready to fill

Steps to Retroactively Claim the ERC

Businesses looking to retroactively claim the Employee Retention Credit (ERC) for eligible periods need to follow a clear process. Here's how to get started:

  1. Gather Documentation: Collect all necessary payroll records. Identify the qualified wages paid to employees from March 13, 2020, through the end of the program.

  2. Use IRS Form 941-X: This form, known as the Adjusted Employer’s Quarterly Federal Tax Return, is critical. Complete a separate Form 941-X for each quarter you wish to amend.

  3. Calculate Eligible Wages: Clearly outline the wages and associated health plan expenses eligible for the ERC. Ensure all calculations are precise.

  4. Submit by Deadlines: For 2020 claims, the deadline is April 15, 2024. For 2021 claims, aim for April 15, 2025. Timely submission is key to avoid missing out.

  5. Review and Double-Check: Accuracy is crucial. Double-check your calculations and ensure all information is complete before submitting each form.

  6. Consult Professionals: If you're unsure, consulting with a tax professional or accountant can provide guidance. They can help navigate the complexities and ensure compliance.

Deadlines and accuracy matter a lot when claiming the ERC. Missing a deadline or submitting incorrect information can lead to delays or denials. It's essential to stay organized and meticulous in your approach. Accurate documentation and timely filing can make the process smoother and more efficient. For businesses also managing other compliance tasks, free filing of Beneficial Ownership Information Reports can be a helpful resource to streamline administrative duties.

Calculating Your ERC Amount

Calculating your Employee Retention Credit (ERC) starts with understanding what qualifies as wages. Qualified wages include the wages and compensation paid to employees, along with associated health plan expenses. These wages should have been paid between March 13, 2020, and September 30, 2021, or until December 31, 2021, for Recovery Startup Businesses.

For large employers, qualified wages are those paid to employees who didn’t perform services during eligible periods. Small employers can claim all wages paid to employees, regardless of work status.

Factors to include in calculations:

  • Healthcare Costs: Include any health plan expenses paid on behalf of employees.
  • Wage Caps: For 2020, the credit is 50% of up to $10,000 in wages per employee. For 2021, it's 70% of up to $10,000 per quarter.
  • Eligible Periods: Identify the specific quarters your business qualifies for, based on revenue decline or operational suspension.

Example calculation: Suppose a small business paid $8,000 in wages and $2,000 in healthcare costs to an employee in Q3 2021. The eligible wages for the ERC would be $10,000. With a 70% credit rate, the ERC for that employee in Q3 2021 would be $7,000.

Understanding these elements ensures the accurate calculation of your ERC amount, helping you maximize the potential benefits for your business. For more insights on managing your business expenses effectively, our article on understanding where small businesses spend the most money provides a detailed analysis of major expenses and strategies to optimize spending.

Key Considerations and Common Pitfalls

Navigating the Employee Retention Credit (ERC) in 2025 requires careful attention to detail. Businesses must be aware of potential pitfalls to make the most of this opportunity. Overlapping claims with the Paycheck Protection Program (PPP) funds is a major concern. You can't use the same wages for both ERC and PPP loan forgiveness. Coordinate carefully to avoid compliance issues and maximize benefits.

Common errors can derail your ERC claims. Here are some to watch out for:

  • Double-Dipping: Using the same wages for both ERC and PPP. Solution: Separate wage calculations for each program.
  • Incorrect Calculations: Miscalculating eligible wages or credit amounts. Solution: Double-check figures and consider professional assistance.
  • Missed Deadlines: Filing late can disqualify your claim. Solution: Mark deadlines on your calendar and submit early.

Compliance is crucial when claiming the ERC. Ensure all documentation is accurate and complete. This not only avoids fines but also speeds up the process. The IRS will scrutinize ERC claims closely, so getting everything right is essential.

Being thorough and attentive now can save headaches later. By understanding these key considerations and common pitfalls, businesses can confidently navigate the ERC process in 2025.

IRS form 1041 Income tax return for estates and trusts

Final Thoughts on Claiming the ERC

Claiming the Employee Retention Credit (ERC) in 2025 benefits your business's bottom line. Here's what you need to know.

Your business qualifies by showing reduced gross receipts or proving operational limits from COVID-19 restrictions. If you received a PPP loan, you can still claim the ERC - just track which wages apply to each program.

Here's what matters:

  • Eligibility Criteria: Show a clear revenue drop or COVID-19 operational limits
  • PPP Loan Recipients: You qualify, but track wages for ERC vs PPP separately
  • Deadlines: April 15, 2024, for 2020 claims; April 15, 2025, for 2021 claims

Mark these deadlines. This is your final opportunity to claim the ERC retroactively. Missing out means leaving money on the table that could help your business thrive.

Check your eligibility now. Gather your documents. Submit accurate filings on time. These steps protect your access to valuable tax credits.

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