A Guide to the Employee Retention Credit (ERC)

Hawk Tax Solutions • Jul 13, 2023

Tax benefits play a crucial role in the success and growth of any business. As entrepreneurs and business owners, it's essential to leverage every available opportunity to reduce tax liabilities and optimize financial outcomes. A valuable tax incentive that has recently gained attention is the Employee Retention Credit or ERC. 


At Hawk Tax Solutions, we understand the complexities of the ERC and are dedicated to helping businesses maximize their tax advantages. So, let's dive in and explore the ERC and how it can positively impact your business's bottom line!


Understanding the Employee Retention Credit (ERC) 

The Employee Retention Credit (ERC) is a tax credit designed to provide financial relief to businesses during challenging times, such as economic disruptions or unforeseen circumstances like the COVID-19 pandemic. The purpose of the ERC is to encourage employers to retain their employees by offsetting a portion of the wages paid to eligible employees.


The ERC serves as a lifeline for businesses, allowing them to reduce their tax liabilities and allocate more resources toward sustaining their workforce. By taking advantage of this credit, businesses can retain their employees and ensure the continuity of their operations in the face of economic uncertainties.


Eligibility Criteria:

To qualify for the Employee Retention Credit, businesses must meet the following eligibility criteria:


  1. Business Operations: The ERC is available to businesses of all sizes, including for-profit and non-profit organizations. However, governmental entities and small businesses receiving the Paycheck Protection Program (PPP) loan may have different eligibility requirements.
  2. Significant Decline in Revenue: Initially, the ERC was primarily for businesses experiencing a significant decline in gross receipts. However, recent updates have expanded the eligibility criteria, allowing businesses to claim the credit even if they did not experience a decline in gross receipts. This change opens up opportunities for more businesses to qualify for the ERC.
  3. Full or Partial Suspension of Operations: Businesses that were either fully or partially suspended by a government order during a calendar quarter are also eligible for the ERC. This criterion is especially relevant during government-mandated closures or restrictions, such as those imposed during the COVID-19 pandemic.


Calculation and Potential Benefits:

Calculating the ERC can be complex, so we're here to help! Here's an overview of the calculation process and the potential advantages:


  1. Eligible Wages: The ERC is calculated based on the qualified wages paid to eligible employees during the eligible period. Qualified wages include both cash compensation and certain qualified health plan expenses.
  2. Credit Percentage: The ERC allows businesses to claim a percentage of qualified wages as a credit. Initially, the credit percentage was 50% of eligible wages, but with recent updates, the credit percentage has increased to 70% for certain periods.
  3. Maximum Credit: The maximum amount of credit claimed per employee per quarter is subject to a limit. The limit was initially set at $5,000 per employee for the entire year, but subsequent updates have sometimes increased the limit to $10,000 per employee per quarter.


By leveraging the ERC, businesses can reduce their tax liabilities by a substantial amount, allowing them to retain funds that can be reinvested in their operations, employee benefits, or expansion initiatives.

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Key Features and Updates 

The Employee Retention Credit (ERC) has undergone several updates and revisions since its inception. Understanding the timeline of these changes is crucial for businesses seeking to leverage this tax credit effectively. Here are some key milestones:


  1. Introduction: The ERC was initially introduced as part of the CARES Act in March 2020. It provided eligible businesses a tax credit equal to 50% of qualified wages paid to employees during the qualifying period.
  2. Extension and Expansion: In December 2020, the Consolidated Appropriations Act extended the ERC through June 30, 2021. It also expanded the credit by increasing the credit percentage to 70% of qualified wages and modifying the eligibility criteria.
  3. Further Extensions: The ERC received additional extensions through the American Rescue Plan Act in March 2021, extending credit availability until December 31, 2021.


Keeping track of these timeline milestones is essential to ensure businesses know the applicable periods for claiming the ERC and any changes to the credit's parameters.


Interaction with Other Relief Programs:

Businesses must understand how the ERC interacts with other relief programs to maximize their benefits and avoid unintended consequences. Here are a few key considerations:


  1. Paycheck Protection Program (PPP): Initially, businesses could not claim the ERC if they received a PPP loan. However, recent updates have enabled businesses to claim the ERC even if they received PPP funds. However, the same wages cannot be used for the ERC and PPP forgiveness.
  2. State and Local Programs: The ERC's interaction with state and local relief programs can vary. That is where our tax professionals and advisors can help you understand how the ERC may impact eligibility or benefits from other regional assistance programs.
  3. Tax Credits and Deductions: The ERC may affect other tax credits or deductions businesses claim. It's crucial to assess the overall tax strategy and consult with our tax professionals to ensure optimal utilization of available credits and deductions.


Understanding these interactions between the ERC and other relief programs is essential to make informed decisions regarding tax planning and optimizing the financial benefits available to businesses.


Documentation and Record-Keeping:

For a business to claim the ERC, it must maintain proper documentation and records to support its eligibility and calculations. Here are some important aspects to consider:


  1. Employee Information: Keep records of employee names, social security numbers, and employment dates to verify eligibility and calculate qualified wages accurately.
  2. Eligibility Documentation: Maintain documentation demonstrating the business's eligibility for the ERC, such as government orders or documentation showing a significant decline in gross receipts.
  3. Wage Documentation: Retain records of employee wages, including supporting documentation such as payroll reports, tax forms, and other relevant documentation.


Proper documentation and record-keeping are essential for substantiating ERC claims and may be subject to future audits or inquiries. By maintaining organized and accurate records, businesses can ensure compliance and confidently claim the ERC benefits they are entitled to.


How We Can Help!

Hawk Tax Solutions brings extensive expertise and experience in navigating tax solutions, including the Employee Retention Credit (ERC). Our seasoned, professional team stays updated with ERC regulations, updates, and best practices. With a deep understanding of the ERC's requirements, calculations, and documentation procedures, we provide tailored insights to meet your business needs.


At Hawk Tax Solutions, we offer a comprehensive range of services for the ERC. We assess your eligibility, calculate the credit accurately, provide documentation support, assist with compliance and reporting, and offer ongoing support and guidance. From determining eligibility to maximizing benefits, we ensure you claim the ERC to its fullest potential while maintaining compliance. Trust us to navigate the complexities of the ERC, allowing you to focus on your business's success.


Partnering with Hawk Tax Solutions allows you to leverage our specialized knowledge and services to maximize the tax advantages available to your business. Contact us today to schedule and appointment!

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