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Under the Coronavirus Aid, Relief and Economic Support- the CARES Act, the Enhanced Employee Retention Credit (ERC) was introduced to provide a refundable tax credit to employers per employee on a quarterly or annual basis. There have been several enhancements, extensions, and changes in it since its conception, the latest being the 4th August update for the third and fourth quarters of the current financial year.
The IRS and Treasury have brought in the following changes:
In this update, the IRS and the Treasury have also answered some of the queries they received regarding the employee retention credit, such as:
Businesses that began operating on February 15, 2020, are defined as ‘recovery startup businesses’ subject to meeting some other criteria:
Yet another change under the ARPA rules for the CARES Act 2021 ERC is that, for the third and fourth quarters of 2021, eligible employers must claim the credit against the employer’s share of Medicare tax in contrast, against the employer’s share of Social Security tax as was the case earlier.
The latest guidance of the IRS on owners of S-corporations and C-Corporations states that the Employee Retention Credit (ERC) will not be available for the wages paid to a majority owner of the S- corporation or C Corporation or such owner’s spouse, if the majority owner has a sibling (whether by whole or half-blood), ancestor, or lineal descendant.
However, suppose the majority owner of a corporation has no siblings (whole or half-blood), ancestor, or lineal descendant. In that case, those wages will qualify for the Employee Retention Credit.
The developments in the employee retention tax credit can seem confusing and overwhelming. To help you find your way through this complex world of tax credits, myCPE holds frequent webinars where tax experts educate online. Make sure you attend a webinar, virtual conference, or buy a self-study course that will help you understand better.
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The author Imtiaz Munshi is a Certified Public Accountant and CFO at Azstec, LLC. He is Business Strategist, Tax Planner, Entrepreneur and Advisor to "HNEs" (High Net Worth Entrepreneurs).