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Is the Employee Retention Tax Credit Legitimate? A Comprehensive Guide

Understanding the Employee Retention Tax Credit (ERTC)

The Employee Retention Tax Credit (ERTC) was introduced by the government as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act in response to the COVID-19 pandemic. The primary aim of this tax credit is to help businesses retain their employees during these challenging times by providing them with a financial incentive.

Breaking Down the ERTC: What Does It Entail?

The ERTC is essentially a refundable payroll tax credit that can be claimed by qualifying employers who continue to pay wages to their employees during the pandemic. This tax credit applies to qualified wages paid between March 13, 2020, and December 31, 2021. The maximum amount of credit available per employee is $5,000 for 2020 and up to $28,000 for 2021.

Eligibility Requirements for ERTC

To qualify for the Employee Retention Tax Credit, an employer must meet specific criteria:

  • Business operations were fully or partially suspended due to a government order related to COVID-19; or,
  • The business experienced a significant decline in gross receipts compared to the same quarter in 2019. For 2020, the decline should be more than 50%, while for 2021, it should be more than 20%.

Moreover, certain organizations, such as governmental entities, are not eligible for the ERTC. Additionally, employers who receive Paycheck Protection Program (PPP) loans may face restrictions in claiming ERTC on wages that were paid with the forgiven PPP loan.

Is the Employee Retention Tax Credit Legit?

The ERTC is a legitimate tax credit, backed by the federal government and aimed at supporting businesses during the COVID-19 pandemic. However, business owners should be cautious of fraudulent schemes and scams that may arise around this tax credit program. To ensure compliance and accuracy in claiming ERTC, employers must follow credit guidelines provided by the Internal Revenue Service (IRS) and seek assistance from a tax professional if needed.

Warning Signs of Fraudulent ERTC Schemes

While the Employee Retention Tax Credit is genuine, scammers may take advantage of unsuspecting employers by offering fraudulent services related to the ERTC. Here are some warning signs to watch out for:

  1. Promises of exaggerated or unrealistic amounts of tax credits;
  2. Unsolicited emails, phone calls, or messages claiming to offer assistance with the ERTC;
  3. Requests for sensitive financial information, such as bank account numbers or social security numbers;
  4. Demanding advance payment for services before providing any actual assistance;
  5. Pressure to act quickly or make immediate decisions without proper research or consultation.

To avoid falling victim to fraudulent schemes, employers should rely on accurate information from trusted sources, such as and official COVID tax tip documents.

Navigating the Employee Retention Tax Credit Process

Claiming the ERTC can be a complex process for employers, especially when trying to comply with all credit guidelines and requirements. The following steps can help guide employers through the ERTC process:

1. Determine Eligibility

Employers should first assess if they meet the eligibility requirements mentioned above. Employers may also refer to the IRS notice on ERTC eligibility for additional clarification.

2. Calculate Qualified Wages and Credit Amounts

Once eligibility has been established, employers must determine qualified wages paid to employees during the applicable period. For this purpose, employers can consult the detailed guidelines provided by the IRS on calculating eligible wage amounts and their corresponding tax credits.

3. Claim the ERTC

Eligible employers can claim the Employee Retention Tax Credit on their quarterly employment tax returns – Form 941. Employers who have already filed their returns without claiming the credit can amend their returns using Form 941-X. To avoid errors or delays in processing, it is crucial to follow the instructions provided in the respective forms carefully.

4. Stay Informed and Updated

Given the evolving nature of the COVID-19 pandemic and its economic impact, the ERTC program and associated guidelines may be subject to change. Employers should stay updated with official IRS notices and announcements related to the ERTC to ensure compliance and avoid missing out on potential benefits.

Conclusion: The Importance of Diligence and Compliance

The Employee Retention Tax Credit is a legitimate and valuable tax relief mechanism designed to support businesses during these unprecedented times. Employers should exercise due diligence in understanding and complying with ERTC requirements while being vigilant against fraudulent schemes that may exploit the program.

By following proper credit guidelines and seeking professional assistance as needed, employers can navigate the ERTC process smoothly, ensuring they maximize the financial benefits available to them.