31 Aug 2021

Using the ERTC as Part of the Business Survival Toolkit

Many small businesses stayed viable during the pandemic by receiving Paycheck Protection Program (PPP) loans, SBA-backed loans that often do not require repayment. Eligible employers also may be eligible to apply an employee retention tax credit (ERTC) to reduce their tax liabilities where gross receipts for a calendar quarter have declined by a certain percentage as compared to a prior calendar quarter. New guidance under Revenue Procedure 2021-33 provides safe harbor parameters with respect to wages paid after June 30, 2021 and before January 1, 2022. During this time span, an employer may exclude the amount of the forgiveness of a PPP loan and the amount of any ERTC-coordinated grants from its gross receipts in determining eligibility to claim the ERTC for a calendar quarter. This new revenue procedure may affect previously filed ERTC claims or income tax returns.

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Related Content

  • American Rescue Plan Act of 2021: An Analysis
    Read how, beginning after June 30, 2021, the ERTC was restructured as a refundable payroll tax credit to be taken against the employer’s share of the Medicare hospital insurance tax (1.45%) instead of the OASDI (6.2%) (as applied before July 1, 2021). Plus, the American Rescue Plan Act (ARPA) expanded the ERTC to recovery start-up businesses, defined as any employer who began carrying on a trade or business after February 15, 2020, with average annual gross receipts under $1 million. 
  • 3 Unanswered Questions on the Employee Retention Credit
    Learn that, while ARPA was enacted in 2021 Q1, the benefits of the ERTC can continue throughout 2021 and can be applied retroactively to 2020. This article also addresses questions on application of the ERTC to S Corporation shareholders and how restaurants, salons, and other businesses whose employees receive tips can calculate the credit on tip income.

 

Practical Guidance Updates

Featuring the latest updates from your Practical Guidance account.  

  • Tax Key Legal Developments Tracker (Federal)
    Stay informed on new developments.
    • Business entities: IRS modifies a safe harbor provided by  Proc. 2013-26 to clarify that taxpayers that want to use the proportional method for calculating original issue discount (OID) accruals on a pool of credit card receivables may not treat fees subject to the timing rules of Treas. Reg. Section 1.451-3 as OID. Rev. Proc. 2021-35.
    • Practice, procedure, and controversy: IRS releases a practice unit on reportable transaction understatement penalties. PEN-P-003.
  • IRS Newsroom: Participant-directed investment in 401(k) plans abound, but did you know that there could be negative tax consequences to the individual if he or she invests in collectibles? Similar, but not identical, rules apply for IRA investment. The acquisition by an individually- directed account under a qualified plan of a “collectible” is treated as an immediate distribution from such account in an amount equal to the cost to the plan of such collectible. See R.C. Section 408(m). Exceptions apply for specific collectibles. IRS Issue Snapshot: Investments in Collectibles in Individually Directed Qualified Plan Accounts.


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