As Atlanta area business owners continue to manage the economic challenges presented by the persistent pandemic, federal programs such as the Paycheck Protection Program (PPP) and the Employee Retention Tax Credit (ERC), among others, have been important sources of relief. On March 1, 2021, IRS Notice 2021-20 was released which provides guidance for claiming the ERC in the 2020 tax year. Much of the 102-page update is dedicated to a Frequently Asked Questions (FAQ) section which covers a number of topics from eligibility and credit calculation to special considerations. To help clients, prospects, and others, Wilson Lewis has provided a summary of the most important items below.
The guidance clearly defines what activities qualify as governmental orders. It includes any orders, proclamations, or decrees that limit commerce, travel, or group meetings due to COVID-19 or relate to the suspension of operations. Examples may include:
It is important to note, that any statements from officials including comments made during a press conference or in interviews, are not to be considered government orders for purposes of the ERC. In addition, disaster declarations that limit commerce, travel, and meetings, but do not relate to the suspension of operations are not a qualifying order.
The guidance also outlines the period for which an employer needs to use when evaluating whether there has been a significant decline in gross receipts. An employer must identify the first calendar quarter in 2020, if any, where gross receipts are less than 50% for the same 45-day calendar quarter in 2019. The evaluation period ends on either January 1, 2021, or the quarter that follows the first quarter in which receipts are greater than 80% for the same 2019 quarter.
This should include total sales, all amounts received for services, income from investments, and outside services. It is important to also include interest, dividends, rent, royalties, and annuities.
Details on what healthcare expenses qualify to be included in the credit calculation are also provided. The guidance confirms that expenses paid by both the employer and employee qualify. However, amounts that the employee paid for with after-tax contributions are ineligible.
Employers are required to retain any documents that show how eligibility was determined and wages paid, including:
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The recently issued guidance provides the framework necessary for Atlanta businesses to determine eligibility and estimate the credit savings amount. Due to the complexity of the guidance, it is important to consult with a qualified tax advisor to determine the best path forward. If you have questions about the information outlined above or need assistance with another tax or accounting issue, Wilson Lewis can help. For additional information call us at 770-476-1004 or click here to contact us. We look forward to speaking with you soon.
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