Employee Retention Tax Credit

New tax laws make claiming the Employee Retention Tax Credit (ERTC) easier and more accessible for small businesses.

The Consolidated Appropriations Act of 2021 passed December 27, 2020, allows employers that received PPP1/PPP2 loans through the SBA to also claim the ERTC. These were previously mutually exclusive relief options. The credit is a refundable payroll tax credit, meaning you don’t need to have a tax liability to claim a refund. Your payroll processor may not have told you about this credit, because payroll companies do not have access to information they would need to prepare the calculations.

Who can benefit?

Employers carrying on a trade or business, regardless of size, can claim the tax credit. Special guidelines for “large employers” restrict the wage base for the credit. Tax-exempt organizations are also eligible.

Affiliation rules for ERTC are similar to PPP1/PPP2. Affiliated companies/organizations with more than 50% common control are treated as a single employer for determining if:

1. There has been a full or partial business closure closure;
2. If there has been a significant reduction in gross receipts; or
3. “Large employer” status based on number of employees.