The Consolidated Appropriations Act, 2021, which became law on December 27, 2020, makes significant changes to the employee retention tax credits available under the Coronavirus Aid, Relief and Economic Security Act (the CARES Act). The changes are generally designed to increase the availability, scope and amount of the credits. Significantly, employers that received a Payroll Protection Program (PPP) loan (or that were related to employers that received a PPP loan) may be able to claim the credit, including retroactively for periods beginning as early as March 13, 2020.
A bill titled Jumpstarting Our Businesses’ Success Credit Act of 2020, which would make significant changes to the employee retention tax credits available under the CARES Act, is currently under consideration in the US House of Representatives. In this article, we outline the proposed changes, which are generally designed to increase the availability, scope and amount of the credits.
Decisions aimed at preserving your workforce in response to the COVID-19 pandemic can have a long-term impact on your business. As you prepare to emerge from government shutdown orders, recall that your workforce is your single most valuable asset.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act provides employee retention tax credits to help employers defray the cost of keeping their workforces intact in the post-COVID business environment. At the same time, taking advantage of these credits requires careful, upfront planning, particularly in light of the recent FAQs issued by the IRS. During our interactive discussion, we will address the critical matters that you need to understand when planning for these credits, including:
What constitutes a partial suspension of business operations, and how government shutdown orders impact those suspensions under the FAQs
Which types of compensation and benefits are considered “qualified wages” under the FAQs, including the treatment of health expenses
How the FAQs differ from the Joint Committee on Taxation Bluebook
How aggregation rules can defeat or enable an employer’s qualification to qualify for employee retention tax credits
What you should do to claim and report the credits on IRS quarterly tax reporting forms
Which employment law matters you should consider before taking employee retention tax credits
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