For purposes of the Employee Retention Tax Credit (ERTC), 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.

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

INDUSTRIES THAT CAN BENEFIT FROM ERC

INDUSTRIES

Art Galleries

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Portfolio Companies

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Brewers, Distillers & Wineries

INDUSTRIES

Theaters & Live Arts

INDUSTRIES

Childcare & Behavior Centers

INDUSTRIES

Restaurants

INDUSTRIES

Event Venues/Hotels

INDUSTRIES

Non-Profit

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Medical/Dental

INDUSTRIES

Medical/Dental

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Long-Term Care Facilities

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Law Firms

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Construction & Real Estate Developers

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Vending Machines

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Retail

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Private and Parochial Schools

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Cannabis

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Recovery Start Up Businesses

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Cosmetics and Beauty Industry

Frequently Asked Questions

What is the Employee Retention 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 apply for an ERC refund?

There are three steps to applying for the ERC.

  1. Determine your business’s eligibility
  2. Calculate the qualified wages paid by the business
  3. Claim the ERC on the business’s amended quarterly tax returns.

What are the ERC filing deadlines for 2020 and 2021?

As of April 15, 2024, businesses can no longer claim qualified wages paid during 2020.

However, qualified wages paid during 2021 can still be claimed until April 15, 2025.

How long does it take to receive the ERC refund?

The IRS has currently placed a processing moratorium on ERC claims which has caused significant delays. It may take over 8 months to receive your ERC refund at this point.

What happens if I incorrectly claimed the ERC?

If you incorrectly claimed the ERC and received a refund, you may have to repay it with possible interest or penalties.

If your claim has not yet been processed or paid, you may be able to withdraw your claim.

How can I withdraw my refund?

The process by which you can withdraw your claim depends on whether your claim is under audit and whether you have already received your refund. 

Read our article, “IRS Releases ERC Withdrawal Process Details”, for a more thorough explanation.

What is Letter 6612?

The IRS has been mailing Letter 6612 to employers with pending ERC claims as a notice that the organization is auditing your tax return claiming the ERC refund. Any refund will be held until the audit is concluded.

Read our article, “IRS Rapidly Increasing ERC Examinations by Sending Letter 6612 to Employers”, to learn more.

How can I expedite my ERC refund?

Some ways to expedite the processing of the Employee Retention Credit is by filing a refund lawsuit or utilizing the Taxpayer Advocate Service.

Read more about these methods and whether you can use them in our article, “Expediting your ERC Refunds with the IRS”.

How can I appeal the disallowance of my ERC refund claim?

A notice of disallowance states that all or part of a refund is disallowed. A taxpayer has 30 days from the date on the notice of disallowance to appeal.

Read more about what should be included in your appeal and what to expect after it in our article, “Appealing the Disallowance of ERC Refund Claim”.