ERC

WAS YOUR RESTAURANT IMPACTED AS A RESULT OF THE PANDEMIC?

The Employee Retention Credit is claimed by amending a business's quarterly IRS payroll tax returns and is based on the wages the business paid to its employees during 2020 and 2021. A business may be eligible for the credit if a government order limited its operations by forcing the business to close, required capacity restrictions, or otherwise restricted its business functions. A business may also be eligible for the ERC if it had a significant decline in revenue in any quarter, since the beginning of the pandemic through the third quarter of 2021.

Download the Latest Information on the Employee Retention Credit

ERC INFORMATION
ERC ELIGIBILITY CALCULATOR

With our ERC Calculator, you can quickly see if your business qualifies to receive ERC.

You mAY qualify for ERC if you have experienced any of the following:

✅ Full shutdowns
✅ Partial shutdowns
✅ Interrupted operations
✅ Supply chain interruptions
✅ Inability to access equipment
✅ Limited capacity to operate
✅ Inability to work with your vendors
✅ Reduction in services or goods offered to your customers
✅ Cut down in your hours of operation
✅ Shifting hours to increase sanitation of your facility

You can take advantage of the Employee Retention Credit if you experienced:

FULL OR PARTIAL SHUTDOWNS
DECREASE IN HOURS OF OPERATIONS
INTERRUPTION IN OPERATIONS OR SUPPLY CHAINS
REDUCTION IN SERVICES OR GOODS
SHIFTING HOURS TO INCREASE SANITATION OF YOUR FACILITY
INABILITY TO WORK WITH YOUR VENDORS

MEET THE ERC TEAM

Glen Frost, Esq., CPA
Managing Partner
Eli Noff, Esq., CPA
Partner
Rebecca Sheppard, Esq.
Director
Peter Haukebo, Esq.
Director
Matt Eddleman, EA
Enrolled Agent

Meet our team of attorneys and tax professionals who can help you maximize your ERC claim to get up to $26,000 per employee.

Payroll providers and other professionals do not have the time to dive into the legislation and other moving parts of the ERC program. That is why we put together a team of dedicated tax professionals who can work with business owners and financial officers to ensure you receive the maximum benefit from this important, but often misunderstood relief program. So, even if you already got an opinion from another tax professional, we encourage you to spend 15 minutes with our team for trusted due diligence on your eligibility for ERC and why you may be entitled even if you did not experience a drop in revenue.

Email or call our team today for a no-cost ERC eligibility analysis. You owe it to yourself to make sure you are not leaving money on the table.
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Frequently Asked Questions

What is the ERC credit?

The ERC is a refundable tax credit for employers--introduced early in the COVID-19 pandemic to help employers keep their employees on payroll.

How do I claim employee retention credit for 2021?

The Employee Retention Credit is claimed on a business's quarterly IRS payroll tax returns, based on wages paid to its employee during periods of the pandemic that the business experienced a suspension in operations or a significant decline in revenue.

Can I still claim employee retention credit for 2020?

Yes! The Employee Retention Credit can be claimed on an amended quarterly payroll tax return up to three years from the due date of the original return.

How long does it take to receive employee retention credit refund?

Because of their ongoing pandemic-related backlog, the IRS is currently taking between 8-9 months to process Employment Retention Credit claims.

How do I apply for ERC credit?

How do I apply for ERC credit? There are three steps.
1) Determine the business's eligibility.
2) Calculate the Qualified Wages paid by the business.
3) Claim the ERC on the business's amended quarterly payroll tax returns.

For purposes of the Employee Retention Credit (ERC), are large and small employers treated differently?

Yes. Small eligible employers can include wages paid to all employees (even including part-time employees).  Large eligible employers can only include those wages paid to employees for not providing services.

How do I determine whether an employer is a large or small employer?

Per the CARES Act, whether a business is a large or small employer depends on whether “the average number of full-time employees employed during 2019 exceeded the applicable threshold amount.”

What’s a “full-time employee” in the context of the ERC?

It is an employee who, with respect to any 2019 calendar month, worked either and average of at least 30 hours per week or
130 hours per month.

Does the term “full-time employee” include “full-time equivalent employees”?

No. The IRS clarified that matter when it issued Notice 2021-49, stating:
‍

“For purposes of determining whether an eligible employer is a large eligible employer or a small eligible employer, eligible employers are not required to include full-time equivalents when determining the average number of full-time employees.”

What is the applicable threshold amount and how does it apply?

• The applicable threshold amount for the 2020 ERC is 100 or fewer full-time employees (as counted in 2019).
• The applicable threshold amount for the 2021 ERC is 500 or fewer full-time employees (as counted in 2019).
• For the 2020 ERC, a “small employer” is an employer that had an average of 100 or fewer full-time employees (as counted in 2019). Exceeding that amount results in large employer classification.
• For the 2021 ERC, a “small employer” is an employer that had an average of 500 or fewer full-time employees (as counted in 2019). Exceeding that amount results in large employer classification.

At the risk of sounding redundant . . . do I count part-time employees?

NO. Read QAs #2-#5 and count only as instructed therein.