Employee Retention Tax Credit (ERTC) pre-interview
About the ERTC Program
The ERTC provision provides a refundable payroll tax credit for up to 50 percent of the first $10,000 of wages ($5,000 max per employee) paid by employers to employees during the COVID-19 crisis.
- For eligible employers with greater than 100 full-time employees, qualified wages are wages paid to employees when they are not providing services due to the COVID-19-related circumstances described above.
- For eligible employers with 100 or fewer full-time employees, all employee wages qualify for the credit, whether the employer is open for business or subject to a shut-down order.
Changes to the Employee Retention Tax Credit (ERTC)
- Repeals the provision denying the ERTC to employers receiving a PPP loan. Instead, mechanisms would be created to prevent the same wages from being used for both PPP loan forgiveness and the ERTC.
- Extends the ERTC to apply to wages paid before July 1, 2021 (instead of January 1, 2021).
- Increases the credit percentage from 50 percent to 70 percent of applicable wages.
- Increases the per-employee limitation on applicable wages from $10,000 total to $10,000 per calendar quarter. In combination with the increased credit percentage, this would increase the maximum credit per employee from $5,000 to $7,000 per quarter (up to $14,000 for the first two quarters in 2021).
- The following language was added to the ERTC provisions that specifically addresses PEOs:
Any forms, instructions, regulations, or guidance described in paragraph (2) shall require the worksite client (not the PEO) to be responsible for the accounting of the credit and for any liability for improperly claimed credits and require the professional employer organization or other third-party payor to accurately report such tax credits based on the information provided by the customer.
- Makes the ERTC available if the business experienced a decline of at least 20 percent in gross receipts (instead of a 50 percent decline) as compared to the same calendar quarter in the prior year.
- Modifies the small employer definition of qualified wages to apply to employers that have 500 or fewer employees (instead of 100 of fewer employees).
- The worksite employer must attest in writing that they qualify and state which quarters they qualify for. ERTC eligibility is determined on a quarterly basis
- Employers may not take the credit on wages that were covered by their PPP loan. Thus, the employers must certify to the PEO that they have done the analysis and they are not “double dipping”.