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The average number of employees you employed in 2019.The amount of your qualified wages used to calculate your ERC will also depend on certain factors, including: Be wary of anyone who says you can use all wages when calculating your ERC.ĭifferent dollar limits apply and the rules vary by the quarter for which you're claiming the ERC. Not all wages that you pay to employees may be qualified wages for purposes of the ERC. However, they may also include certain health care expenses you pay for your employees. Generally, qualified wages must be wages that are subject to Social Security and Medicare taxes.
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Small Business Administration (sba.gov).įor some examples of how to figure out what to exclude from qualified wages as it relates to PPP, see Notice 2021-20, Section III.I, Question 49.Ī1.
Records that show the wages used as payroll costs for PPP and wages used to claim the ERCįor more information about the definition of payroll costs related to PPP, see Paycheck Protection Program | U.S. Calculations that show you did not claim the ERC on the same wages you reported as payroll costs. Documentation from the Small Business Administration related to your loan forgiveness decision. You may use the rest of your qualified wages to calculate your ERC.ĭocuments you may need to support your ERC claim may include: Payroll costs up to the amount that SBA forgave are ineligible for ERC. If your PPP loan was forgiven, you can't claim the ERC on wages that were reported as payroll costs to obtain Paycheck Protection Program loan forgiveness, however, you may still be eligible to claim ERC. It affects the amount of qualified wages used to calculate the credit. Participating in the PPP doesn't affect your eligibility. territories, see Notice 2021-20, Section III.A, Question 4.Ī4. For information about qualified wages paid by employers in U.S. territories are eligible to claim ERC if they meet other eligibility requirements. Self-employed individuals can't include their own self-employment earnings or wages paid to related individuals when calculating the credit.Įmployers in U.S. Qualified as a recovery startup business for the third or fourth quarters of 2021.Ī self-employed individual who has employees and who otherwise meets the requirements to be an eligible employer may be eligible for the ERC based on qualified wages they paid to employees. 
Experienced a significant decline in gross receipts during 2020 or a decline in gross receipts during the first three quarters of 2021, or.
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Sustained a full or partial suspension of operations due to an order from an appropriate governmental authority limiting commerce, travel or group meetings because of COVID-19 during 2020 or the first three quarters of 2021, or. However, to be eligible, employers must have either: There are very specific eligibility requirements for claiming the ERC.Įligible employers can claim the ERC on an original or amended employment tax return for qualified wages paid between March 13, 2020, and December 31, 2021. 
Eligibility for the ERC depends on your specific facts and circumstances. Some promoters tell taxpayers that every employer qualifies for ERC.
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