Are You Eligible for the Employee Retention Tax Credit?

The Employee Retention Tax Credit (ERTC) has been a critical financial lifeline for businesses throughout the COVID-19 pandemic. It’s a valuable tax incentive designed to help employers retain their employees and keep their businesses afloat during challenging economic times. If you’re a business owner, you might be wondering whether you qualify for this credit and how it can benefit your company. In this blog, we’ll explore the eligibility criteria for the Employee Retention Tax Credit and shed light on how you can take advantage of this important program.
What is the Employee Retention Tax Credit?
The Employee Retention Tax Credit is a refundable tax credit that was introduced as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act in 2020. The credit was initially designed to help businesses that were significantly impacted by the COVID-19 pandemic, either through government-mandated shutdowns or a significant decline in gross receipts.
The credit was later expanded and extended through subsequent legislation, including the Consolidated Appropriations Act, 2021, and the American Rescue Plan Act, to provide additional relief to struggling businesses.
Eligibility Criteria
To determine whether you’re eligible for the Employee Retention Tax Credit, you need to meet specific criteria. The eligibility criteria have evolved over time due to legislative changes, so it’s crucial to stay up-to-date with the latest guidance. As per the most recent guidelines, here are the key eligibility criteria:
Business Operations Impacted by COVID-19
To be eligible for the ERTC, your business must have been either fully or partially suspended due to government orders related to COVID-19. This includes businesses that were forced to close or limit their operations due to lockdowns, stay-at-home orders, or other public health measures.
Alternatively, you can qualify if your business experienced a significant decline in gross receipts compared to the same quarter in the previous year. The threshold for a significant decline varies depending on the time frame but generally involves a 50% or greater reduction in gross receipts.

Size of the Business
The size of your business also affects your eligibility for the ERTC. The specific criteria for determining business size depend on whether you’re applying for credit for wages paid in 2020 or 2021.
In 2020, businesses with 100 or fewer full-time employees (based on the 2019 tax year) were eligible, regardless of gross receipts.
In 2021, the criteria changed, and businesses with 500 or fewer full-time employees (based on the 2019 tax year) were eligible. Additionally, the credit was expanded to include certain start-up businesses.
Qualified Wages
Qualified wages are the wages that can be used to calculate the credit. The definition of qualified wages has evolved over time, but as of the most recent guidance:
In 2020, qualified wages included wages paid to employees while they were not providing services due to COVID-19-related business impacts. The maximum credit for each eligible employee was $5,000 for the entire year.
In 2021, qualified wages were expanded to include wages paid to employees who were providing services. The maximum credit increased to $7,000 per employee per quarter.
How to Claim the Employee Retention Tax Credit
If you meet the eligibility criteria, you can claim the Employee Retention Tax Credit by following these steps:
Determine the Applicable Period
Identify the quarters in which your business qualifies for the credit based on the specific criteria for each year (2020 or 2021). Keep in mind that you can’t claim credit for the same wages for which you received a Paycheck Protection Program (PPP) loan.
Calculate the Credit
Calculate the credit based on the qualified wages paid during the applicable quarters. Remember that the maximum credit amount varies depending on the year and whether the employee is providing services.
Offset Payroll Tax Deposits
You can reduce your required payroll tax deposits by the amount of the credit you’re eligible to claim. If the credit exceeds your payroll tax liability, you can request an advance payment from the IRS using Form 7200.

File the Appropriate Forms
To claim the ERTC, you’ll need to file the appropriate forms with your quarterly employment tax return (usually Form 941 for most businesses). Make sure to provide accurate documentation and maintain records of your eligibility and credit calculations.
Seek Professional Guidance
Navigating the complex rules and regulations surrounding the Employee Retention Tax Credit can be challenging. It’s highly recommended to seek professional guidance from a tax advisor or accountant who can help you ensure that you’re maximizing your eligibility and accurately claiming the credit.
The Employee Retention Tax Credit in Spring, TX is a valuable tool for businesses looking to recover and rebound from the economic challenges brought on by the COVID-19 pandemic. By understanding the eligibility criteria and following the necessary steps to claim the credit, you can access much-needed financial relief to help your business survive and thrive. Keep in mind that the rules and regulations regarding the ERTC are subject to change, so it’s essential to stay informed and seek professional advice to ensure compliance with the latest guidance.
Hood & House