Corporate tax rates

While corporate tax rates would stay the same under BBB, the proposal includes a 15% minimum tax on book income for corporations reporting more than $1 billion in profits. For corporations with foreign parents, the minimum tax would apply to profits of more than $100 million.

The legislation would also impose a 1% excise tax on the fair market value of any publicly traded U.S. corporation’s stock that the corporation repurchases during the year.

BBB would also change the Foreign-Derived Intangible Income (FDII) deduction and Global Intangible Low-Taxed Income (GILTI) regime, increasing the taxes paid by most, if not all, U.S. multinational corporations.

Applying the Net Investment Income Tax to Trade or Business Income

The net investment income tax (NIIT) levies a 3.8% surtax on net investment income derived from interest, dividends, capital gains, and income from passive activities. NIIT applies when a taxpayer’s modified adjusted gross income (AGI) exceeds a threshold of $200,000 for single filers or $250,000 for married couples filing jointly.

Currently, trade or business income earned by pass-through business owners who materially participate in the business is not subject to NIIT. BBB proposes eliminating that exception for taxpayers with modified AGI greater than $400,000 ($500,000 if married filing jointly).

Limitations on interest expense deductions

The Tax Cuts and Jobs Act of 2017 limited the amount of interest a business can deduct to interest income plus 30% of its adjusted taxable income for the year. The BBB would further limit interest deductions for U.S. members of multinational groups that issue consolidated financial statements. The draft legislation describes the limitation as an “allowable percentage” of 110% of the corporation’s net interest expense.

Paid Family, Medical Leave Requirements

The U.S. is the only industrialized country without federally mandated paid parental leave, but BBB seeks to change that. The legislation guarantees four weeks of paid leave to all workers who are:

• New parents,
• Dealing with a serious medical condition of their own, or
• Caring for a loved one with a serious medical issue.

Employers would not have to foot the bill for that paid leave. States with an existing paid family medical leave mandate equal to or better than the federal benefit would be reimbursed for what it would have cost to cover workers in the federal program.

Employers that voluntarily offer paid leave equal to or better than the federal benefit would be reimbursed for the lesser of:

• 90% of the national average cost of paid leave benefits, or
• 90% of their insurance premium

All other public and private-sector employees would be covered by a public program run by the Social Security Administration.

Investing in small business

Build Back Better also allocates about $3.385 billion to support small businesses by improving access to capital, including:

• Additional funding for SBA 7(a) loans
• Reduced or waived fees for new SBA 7(a) and 504 loan borrowers with loans of $2 million or less
• Additional investments into the Small Business Investment Company (SIBC) program
• Establishing a national network of “uplift incubators” to spur economic development in underrepresented communities
• Additional funding for cash grants to growth accelerators assisting small businesses focused on technology
• Providing funding for grants to help minority-owned businesses launch and expand operations

Although the House passed a version of the Build Back Better bill in November 2021, negotiations over the bill stalled in the Senate, so none of the above proposals have been turned into law as of this publication.

At this point, it’s impossible to say which proposals will survive and in what form, but it is worth keeping an eye on as key portions, like workforce support, are expected to eventually pass. If you have questions in the meantime, please reach out to your tax advisor.

The post Build Back Better May Be Stuck, but How Could It Impact Business Owners? appeared first on Walter Shuffain.

The IRS has recently extended the ability to accept e-signatures on many documents through December 2021, simplifying the process for tax professionals.

What types of signatures are accepted?

The IRS has provided the following acceptable types of electronic signatures:

• Typed name in a signature block
• Scanned/digitized image of a handwritten signature attached to an electronic record
• Handwritten signature input on an electronic signature pad
• Handwritten signature, mark, command input on a display screen with a stylus device
• Signature created by third-party software (i.e., e-sign programs like Docusign)

While there are additional ways to provide an e-signature, taxpayers are advised to stick to the outlined methods to prevent the possibility of the forms being returned or delayed during processing.

What forms are included in the recent extension?

While some forms can be electronically filed, others must be sent by mail and manually processed by the IRS. The forms in this electronic signature program all require the latter – a hardcopy sent to the IRS for processing. This includes:

• Form 11-C Occupational Tax and Registration Return for Wagering
• Form 637 Application for Registration (For Certain Excise Tax Activities)
• Form 706 U.S. Estate (and Generation-Skipping Transfer) Tax Return
• Form 706-A U.S. Additional Estate Tax Return
• Form 706-GS(D-1) Notification of Distribution from a Generation-Skipping Trust
• Form 706-GS(D) Generation-Skipping Transfer Tax Return for Distributions
• Form 706-GS(T) Generation-Skipping Transfer Tax Return for Terminations
• Form 706-QDT U.S. Estate Tax Return for Qualified Domestic Trusts
• Form 706 Schedule R-1 Generation Skipping Transfer Tax
• Form 706-NA U.S. Estate (and Generation-Skipping Transfer) Tax Return
• Form 709 U.S. Gift (and Generation-Skipping Transfer) Tax Return
• Form 730 Monthly Tax Return for Wagers
• Form 1066 U.S. Income Tax Return for Real Estate Mortgage Investment Conduit
• Form 1120-C U.S. Income Tax Return for Cooperative Associations
• Form 1120-FSC U.S. Income Tax Return of a Foreign Sales Corporation
• Form 1120-H U.S. Income Tax Return for Homeowners Associations
• Form 1120-IC DISC Interest Charge Domestic International Sales – Corporation Return
• Form 1120-L U.S. Life Insurance Company Income Tax Return
• Form 1120-ND Return for Nuclear Decommissioning Funds and Certain Related Persons
• Form 1120-PC U.S. Property and Casualty Insurance Company Income Tax Return
• Form 1120-REIT U.S. Income Tax Return for Real Estate Investment Trusts
• Form 1120-RIC, U.S. Income Tax Return for Regulated Investment Companies
• Form 1120-SF, U.S. Income Tax Return for Settlement Funds (Under Section 468B)
• Form 1127, Application for Extension of Time for Payment of Tax Due to Undue Hardship
• Form 1128, Application to Adopt, Change or Retain a Tax Year
• Form 2678, Employer/Payer Appointment of Agent
• Form 3115, Application for Change in Accounting Method
• Form 3520, Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts
• Form 3520-A, Annual Information Return of Foreign Trust with a U.S. Owner
• Form 4421, Declaration – Executor’s Commissions and Attorney’s Fees
• Form 4768, Application for Extension of Time to File a Return and/or Pay U.S. Estate (and Generation-Skipping Transfer) Taxes
• Form 8038, Information Return for Tax-Exempt Private Activity Bond Issues
• Form 8038-G, Information Return for Tax-Exempt Governmental Bonds
• Form 8038-GC; Information Return for Small Tax-Exempt Governmental Bond Issues, Leases, and Installment Sales
• Form 8283, Noncash Charitable Contributions
• Form 8453 series, Form 8878 series, and Form 8879 series regarding IRS e-file Signature Authorization Forms
• Form 8802, Application for U.S. Residency Certification
• Form 8832, Entity Classification Election
• Form 8971, Information Regarding Beneficiaries Acquiring Property from a Decedent
• Form 8973, Certified Professional Employer Organization/Customer Reporting Agreement
• Elections made per Internal Revenue Code Section 83(b)

Our firm continues to monitor the ability to electronically sign and submit IRS forms. If you have any questions about tax filings, please reach out to our team of tax professionals for help.

The post IRS Temporarily Expands List of Tax Forms Eligible for E-signatures appeared first on Walter Shuffain.

How are wages reported?

According to the notice, the wages must be reported to employees with their W-2. Employers can choose to place the wages either on Form W-2, Box 14, or by providing documentation delivered with the Form W-2. The notice provides sample language employers may use if providing a separate statement.

The IRS also noted that self-employed individuals can determine what, if any, sick and family leave wages are qualified for tax credits. This is a follow-up to Notice 2020-54 released in 2020 regarding reporting of qualified sick and family leave wages paid in 2020.

What are qualified wages?

The FFCRA defines qualified wages as those paid for sick or family leave related to COVID-19.

Qualified wages can be paid to employees who are:

• Subject to state, local, or federal quarantine.
• Advised by a healthcare provider to self-quarantine.
• Experiencing COVID-19 symptoms and seeking a medical diagnosis.
• Caring for someone who is self-quarantining in accordance to bullets 1 and 2 above.
• Experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.
• Caring for a child or dependent whose school or place of care is closed or unavailable related to COVID-19.

What are the limits on wages paid?

The FFCRA allows for full-time employees to be paid up to 80 hours (two weeks) worth of paid leave for the reasons mentioned above and for part-time employees to receive paid wages for up to two weeks equal to their normal weekly scheduled hours.

The paid leave is extended to equal up to 12 weeks of leave at their normally scheduled work period hours for those providing care because of COVID-related childcare and school closures.

Read more on the FFCRA requirements here, or contact our team of experts to discuss how to determine which leave hours are qualified and how to track them for Form W-2 reporting purposes.

The post IRS releases W-2 reporting requirements for qualified leave in 2021 appeared first on Walter Shuffain.

The Employee Retention Credit (ERC) was introduced in 2020 to help businesses that have been affected by the COVID-19 pandemic. Since its release, it has been expanded and modified to help more businesses. Despite all of this, many businesses that are eligible for the credit haven’t filed for it. Did the pandemic impact your business? Don’t assume your business is ineligible. Keep reading to learn more.

What is the Employee Retention Credit?

The ERC allows businesses to claim a refundable credit for qualified employee wages and related expenses if there was a significant disruption to business because of the pandemic. That disruption is measured in a quarterly reduction of gross revenues – 50% reduction in 2020 vs. 2019; and only 20% reduction in 2021 vs. 2019. In addition, there is a “safe harbor” test that allows you to look back a quarter. For example, if your 4th quarter 2020 revenues were down 20% compared to the 4th quarter 2019, you are eligible for the first quarter of 2021, regardless of the first quarter test outcome.

The second disruption is a government shutdown – complete or temporary. For example, a restaurant limited to 75% seating capacity by the governor’s mandate has experienced a partial shutdown.

If you experienced EITHER one of these disruptions, you might be eligible for the employee retention credit.

Eligibility for 2020 includes businesses with 100 or fewer full-time equivalent employees in 2019, in which all wages qualify whether the business was open or (partially) closed because of governmental orders. For businesses with more than 100 employees, only wages paid to employees when they weren’t providing services because the pandemic are eligible.

For 2021 the full-time equivalent threshold increased to 500 employees in 2019.

For 2020 the credit is 50% of the first $10,000 of eligible employees’ earnings for the year – up to $5,000 per employee for the year.

For 2021 the credit is 70% of the first $10,000 of eligible employee earnings per QUARTER – up to $28,000 per employee for the year.

What new guidance was released?

The IRS released Notice 2021-49  on August 4, 2021, which provided additional ERC guidance.

• The ERC was expanded to include wages paid through December 31, 2021.
• “Recovery startup businesses” launched after February 15, 2020, have been added to the definition of eligible businesses.
• Clarifying the definition of a full-time employee, including whether wages paid to full-time equivalents are considered eligible.
• Determining if tips should be considered qualified wages.
• Outlining whether wages paid to majority owners and their spouses are considered qualified.

Keep in mind, the ERC is a complex tax credit with ever-changing guidelines and requires interpretation. Reach out to our professional tax team, who are familiar with the credit and most up-to-date guidelines.

What if I missed filing for the ERC?

While some of the newer guidelines are retroactive, others only apply to wages paid more recently. In most cases, employers can file a correction to their quarterly tax documents to receive appropriate credit for qualified wages paid. Keep in mind that wages included in Payroll Protection Plan (PPP) forgiveness are not qualified (no double-dipping).

We have noted a longer processing time for amended returns. This means you’ll see benefits of the credit faster by filing for it with your quarterly returns; however, it could take 90 to 120 days for amended returns.

How can my business receive help?

If you’re like many businesses and need help understanding the ERC and the recent changes, reach out to our team of qualified professionals for help! We look forward to helping you!

The post Don’t overlook the Employee Retention Credit appeared first on Walter Shuffain.

Part of this tax deduction is currently planned to be distributed to parents in the form of monthly payments from the IRS. For every child under the age of 6, parents will receive $300 per month starting on July 15 and ending on December 15. For children age 6 to 17, parents will receive $250 per month. Any remaining amount on the child tax credits will be eligible to be taken during the regular tax filing season.

The child tax credit update portal

The IRS has released a website where parents, including eligible non-filer parents, may make their designations concerning the child tax credits and scheduled deposits. This includes updating bank account information for direct deposits, even if previous economic stimulus payments were sent via check.

For parents that want to forego the advance payments and take their child tax credit in one lump sum during their tax filings, you may opt-out using this portal. The deadline to opt-out for the first payment was June 28. If you opt-out after that deadline, you will still receive the first payment if you qualify. In addition to personal preference, filers may want to opt-out of these payments because:

• Your 2021 income will be higher, and you suspect you will no longer be eligible to claim the full child tax credit.
• A spouse or family member qualifies to claim the child or children as dependents for the 2021 tax year.
• You resided outside of the United States for greater than six months in 2021.

Now would be a good time to discuss with a tax professional any benefits or drawbacks to accepting the monthly advance payments to the child tax credit.

Note: Parents who are married couples filing jointly must BOTH opt-out of receiving the payments, or you may still receive a partial payment.

Who will receive monthly payments?

Payments will be received by eligible parties starting around July 15, 2021. You can check your eligibility using this tool created by the IRS. Currently, the IRS is using 2019 and 2020 tax filings to decide who may be eligible. If you are a non-filer and have registered for the Economic Impact Payments online previously, you should not need to register for the child tax credit advance payments at this time. If you have not previously registered, you may do so at the Non-filer Sign Up Tool here.

You can also find more about the temporary increase for the child tax credit and the upcoming advance payments here.

Be sure to speak with your tax professional to determine the best course of action moving forward with these advance tax credit payments. Our team of experts is available to assist you.

The post IRS releases website to manage child tax credit deposits appeared first on Walter Shuffain.

Who is eligible?

Any business with fewer than 500 employees is eligible to take the tax credit. This includes tax-exempt organizations and governmental employers who are not the federal government or not outlined in section 501(c)(1) of the Internal Revenue Code. Self-employed individuals are eligible for similar credits.

What are the paid leave qualifications?

In order to qualify for the tax credit, employers/employees must meet the following guidelines:

• The leave must be paid between April 1, 2021 to Sep. 30, 2021.
• Employers must pay the wages for the sick or family leave.
• Employees must qualify as not being able to work or telework due to reasons related to COVID-19, including the time taken to receive a COVID-19 vaccine or to recover from side effects from the vaccine.

For more information on the credits, including how they’re calculated, view the IRS Fact Sheet or reach out to our team of professionals.

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Small businesses will have until May 31, 2021, to continue submitting first and second-draw PPP loan applications to the Small Business Administration (SBA). The SBA was also granted an additional 30 days past May 31 to finish processing applications. The measure does not include any funding increases for the program.

Contact us for assistance with your PPP loan or forgiveness applications.

The post PPP extension passes House and Senate appeared first on Walter Shuffain.

Individual tax provisions in ARPA

Significant updates were made for individual taxpayers to deal with the financial ramifications of the pandemic.

COBRA continuation coverage credit expanded – Health care premiums will be subsidized at 100% for those who are eligible for COBRA from the date of enactment to Sep. 21, 2021.

• Employers can receive a refundable credit for COBRA continuation coverage premium assistance and is taken against Medicare tax. Advance payments are available and apply to wages paid after Apr. 1, 2021.
• Taxpayers who receive this credit are not eligible for the health coverage tax credit (Sec. 35). This coverage premium assistance is not includable in gross income.

ACA marketplace subsidies expanded – Health insurance premium cost savings for all marketplace exchange users are included in the bill.

• The income cap for premium subsidies in the health insurance marketplace is eliminated for 2021 and 2022 coverage for individuals at 150% of the federal poverty line (FPL) or less.
• Premium costs for households at 400% of FPL would be capped at 8.5% of their household income for benchmark plans (second-lowest-cost Silver plans), which may mean significant health insurance premium savings for many households. Currently, households in this category can spend as much as 50% of their income on health insurance, according to healthinsurance.org.
• Subsidies will phase out as income increases, and subsidies are not available for benchmark plans that cost less than 8.5% of household income.
• Subsidies will increase for those who already qualify for subsidies as the plan reduces the percentage of income expected for benchmark plans.
• Taxpayers receiving unemployment compensation in 2021 whose income is between 100% and 400% of the FPL qualify for reduced cost-sharing on silver plans.

Applicable extra subsidies can be claimed immediately or on the 2021 tax return. A special enrollment period is available until May 15, 2021, for most states.

Child tax credit increased – The child tax credit can now be claimed in advance of filing your return and increases to $3,000 per child (now including 17-year-olds) and $3,600 for children under six years of age. It phases out for married-filing-joint taxpayers with incomes over $150,000, $112,500 for heads of household, and $75,000 for all others. The credit will be paid monthly in cash up to $300 per month by the IRS from July through December.

Earned income credit expanded – The bill introduces rules for individual taxpayers with no children for 2021:

• The maximum credit is now $1,502, up from $543.
• The minimum age is now 19, except for students (24) and former foster youth (18). The maximum age is eliminated.
• The phase-out amount is increased to 15.3%.
• Certain separated spouses are now eligible.
• The threshold for disqualifying income rises to $10,000 from $2,200.
• Taxpayers may temporarily use 2019 income instead of 2021 for calculation.

Student loan forgiveness – Any student loan forgiveness passed between Dec. 31, 2020, and Jan. 1, 2026, would be tax-free rather than the forgiven debt treated as taxable income.

Business tax provisions in ARPA

Business tax provisions were also extended and expanded to help businesses with the financial challenges of the pandemic.

ERC extended – The ERC is extended through Dec. 31, 2021, and expands the eligibility to new startups established after Feb. 15, 2020 (capped at $50,000 per calendar quarter), and companies with a 90% revenue decline compared to the same calendar quarter of the previous year.

Child and dependent care credit expanded – The credit is refundable for 2021. It increases the employer-provided dependent care assistance exclusion to $10,500. The maximum allowable expenses increase to $8,000 (from $3,000) for one dependent and $16,000 (from $6,000) for two or more and allow the credit to cover 50% of expenses.

Family and sick leave credit extended – The Families First Coronavirus Response Act (FFCRA) credits are extended to Sept. 30, 2021, and include:

• Limit increase to $12,000.
• The number of days for calculation increase from 50 to 60 and resets after Mar. 31, 2021.
• Eligibility extended for leave due to COVID-19 vaccination.
• Eligibility extended to 501(c)(1) government organizations.

Executive compensation deduction expanded – The executive compensation deduction for publicly traded employers expands to include the 8 highest compensated employees other than the CEO and CFO by 2027. Currently, a deduction is available on the first $1 million paid to the CEO, CFO, and next three highest compensated officers.

For questions and assistance with any of the programs related to ARPA, contact us.

The post Key tax provisions in the American Rescue Plan Act appeared first on Walter Shuffain.

Individual provisions in ARPA

The bill extends and slightly alters two key benefits many individuals have been relying upon through the pandemic.

Unemployment – Federal benefits of $300 per week (in addition to state benefits) are extended through Sep. 6, 2021. The first $10,200 in federal unemployment benefits is tax-free for households making less than $150,000 per year in 2020. Taxpayers who received unemployment income may need to update 2020 tax returns if already filed.

Economic impact (stimulus) payments (EIPs) – The IRS will issue another round of EIPs at $1,400 per individual, $2,800 per married filing joint (MFJ), plus $1,400 per dependent. Income phase-out limits reduce from previous EIPs to $80,000 for individuals and $150,000 for MFJ. Full-time students under the age of 24 are now eligible for economic impact payments (EIP), unlike previous rounds. Your 2019 or 2020 adjusted gross income (AGI) is the basis for EIPs, so taxpayers will want to consider when to file their 2020 tax return to ensure a maximum EIP benefit.

Small business funding provisions in ARPA

The bill includes additional funding for small business relief programs, including the PPP, EIDLs, and industry-specific relief.

PPP – The Act allocates an additional 7.25 billion in additional funds, and the eligibility expands to include:

• Nonprofits listed under Sec. 5019(c) that are not (c)(3), (4), (6), or (19)s with 300 or fewer employees can now apply. To be eligible, you must not receive more than 15% of receipts from lobbying, and lobbying cannot comprise more than 15% of activities. The cost of lobbying cannot exceed $1 million.
• Larger 501(c)(3)s and veterans’ organizations with up to 500 employees.
• Larger 501(c)(6)s, domestic marketing organizations, and additional covered nonprofits with up to 300 employees per physical location.
• Internet-only news and periodical publishers with more than one location and no more than 500 employees per location as eligible as long as the organization supports locally-focused or emergency information.

The deadline is still Mar. 31, 2021, to apply, so don’t delay.

EIDL advance payments – The Act allocates $15 billion for EIDL advance payments, and eligibility requirements state:

• Businesses must be in low-income communities with no more than 300 employees.
• The economic loss of more than 30% must be shown through gross receipts decline in an 8-week period between Mar. 2, 2020, and Dec. 31, 2021, compared to a comparable 8-week period immediately preceding Mar. 2, 2020.
• The timeline for issuing advances is as follows:
  • First 28 days – Reserved for those who applied for Targeted EIDL Advances under the EAA and did not receive one due to lack of funds.
  • Next 14 days – Reserved for severely impacted small businesses to receive grants of up to $5,000. Eligible entities must have a loss of more than 50% and ten or fewer employees.
  • Next 14 days – Reserved for substantially impacted businesses to receive grants of up to $5,000 if they had a loss between 30-50% and 10 or fewer employees.

Funds from Restaurant Revitalization Fund (RRF) and targeted EIDL advances are not included in gross income. No tax deductions will be denied, no tax attributes reduced, and no basis increase denied due to this exclusion from gross income.

Restaurants, bars, and other eligible food and beverage providers – The Act allocates $28.6 billion for grants, and $5 billion is set aside for applicants with 2019 gross receipts of $500,000 or less.

• Eligibility expands to food stands, food trucks, food carts, caterers, saloons, inns, taverns, lounges, brewpubs, tasting rooms, taprooms, and any licensed facility of a beverage alcohol producer that provides tasting, sampling, or purchasing.
• Grants are equal to the pandemic-related revenue loss of up to $10 million per entity or $5 million per physical location, limited to 20 locations.
• The grant revenue loss is calculated by subtracting 2020 revenue from 2019 revenue.
• Grant funds may cover payroll, principal and interest on mortgage, rent payments (not prepayments), utilities, maintenance for outdoor seating, PPE supplies, food and beverage expenses within the scope of normal business, covered supplier costs, operational expenses, and paid sick leave.
• Good-faith certification is required.
• Applicants cannot also apply for or receive a Shuttered Venue Operator grant.
• There is a 21-day preference period for minority-owned and operated businesses, including women, veterans, and the socially and economically disadvantaged.
• The SBA must distribute grants in an “equitable manner to eligible entities of different sizes and annual receipts.”

Shuttered venue operators – The program is extended from the Consolidated Appropriations Act (CAA) with $1.25 billion allocated.

Community navigator pilot programs – $175 million is allocated for programs that increase awareness of and participation in COVID-19 relief programs for socially and economically disadvantaged business owners.

Other provisions of ARPA

• State, local, and Tribal support – An allocation of $350 billion for costs incurred by the end of 2024. You cannot use funds to offset tax cuts or create a pension fund. Small states should receive at least the same amount of funding as the Coronavirus Aid, Relief and Economic Security (CARES) Act.
  • $750 million is allocated to communities with revenue hits due to declining tourism, travel, and outdoor recreation.
• K-12 schools – $130 billion.
• Colleges and universities – $40 billion.
• COVID-19 testing, vaccine support, hospital funding, public health emergencies, biomedical research – $92 billion.
• Airline industry and airports – $23 billion.
• Emergency rental and housing assistance – $30 billion.

For assistance with any of these provisions, please contact us.

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Summary of ERC

As a reminder, eligibility to claim the 2020 ERC requires a business to have experienced a significant decline in revenues during 2020.  Specifically, gross receipts for a calendar quarter during 2020 must have declined by 50% or more when compared to the same calendar quarter in 2019. Additionally, a company is eligible during any period where operations were suspended due to a government order.

• Employers with more than 100 FTEs can only claim the ERC on employees that are being paid qualified wages and not providing services.
• For 2020, the credit is available on 50% of qualified wages up to $10,000. The maximum credit amount per employee is $5,000.
• Health care costs are included when determining qualified wages.
• Wages paid as a result of the Families First Coronavirus Response Act (FFCRA) do not qualify.

Clarification on how to apply ERC with a PPP loan

The notice clarifies when and how PPP borrowers can claim the ERC on 2020 wages.

• Wages elected to be covered by the PPP forgiveness application but not granted.
• Wages in excess of the amount of their PPP loan – Example: An employer receives a $200,000 loan for wages but pays $230,000 in wages. Apply the $30,000 wages to ERC.
• The difference in wages and nonpayroll costs that are in excess of their PPP loan – Example: If a PPP loan equals $200,000 and the employer has $200,000 in forgivable wages and $70,000 in forgivable nonpayroll costs, reserve $70,000 in wages for ERC.
• Those that have already received forgiveness cannot amend their application to claim nonpayroll costs.
• For those yet to apply for forgiveness and eligible for the ERC, you will want to accumulate and submit nonpayroll costs to maximize eligible wages for the ERC.

The ERC requires specific documentation and support of facts and circumstances in order to qualify and receive the credit. For assistance with claiming the ERC, contact us.

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