Methods for Claiming Employee Retention Credit for Employers Subject to Closure Due to COVID-19 Crisis

As we continue to unwind and understand the nuances of the Coronavirus Aid, Relief, and Economic Security Act (“CARES” Act), the IRS has issued some additional guidance on the Employee Retention Credit and how to claim the credit.

Understanding the Credit:

Please see Schneider Downs’ previously published Our Thoughts On article that dissects who is eligible for the Employee Retention Credit, how the credit is calculated, and other important details. 

How to Claim the Credit:

1) Reduction of upcoming deposits due with the applicable quarterly employment tax returns (Form 941 for most employers)

a. Starting with the 2nd quarter filings**
b. Forms to be updated prior to 2nd quarter due date to include credit
c. Credit will reduce the amount of the required deposit; if credit is in excess of the required deposit, a refund will be issued

2) Requesting an advance credit by filing Form 7200 (Advance of Employer Credits Due to COVID-19)

a. This form can be used to request the amount of credit that exceeds the necessary employment tax deposit for the quarter instead of waiting for the refund from the quarterly filing
b. The form can be filed at any time before the end of the month following the quarter in which the employer paid the qualified wages
c. If advance credit is requested, there cannot be a reduction to employment tax deposits per quarterly employment tax returns for the same expected credit
d. For additional information, please see the IRS website related to Form 7200 

** On April 3, 2020, the IRS added a note to the Form 941 instructing that regardless of the method, the credit should initially be claimed on the 2nd quarter filing of the employment tax returns.  Wages related to the timeframe before the 2nd quarter begins (March 13, 2020 through March 31, 2020) should be incorporated into the 2nd quarter calculation.  DO NOT INCLUDE any wages or credits relating to the Employee Retention Credit on the 1st quarter employment tax returns.

As a reminder, if an employer receives a loan under the Paycheck Protection Program, then the employer cannot claim an Employee Retention Credit for the same wages.  Also, wages for this credit do not include wages for which the employer can claim a credit for paid sick and family leave under the Families First Coronavirus Response Act or Work Opportunity Tax Credit.

Please contact your Schneider Downs tax advisor if you have any questions or would like to discuss the provisions of the CARES Act and or the Families First Coronavirus Response Act.

Please visit our Coronavirus resource page at schneiderdowns.com/our-thoughts-on/category/Coronavirus for related content.

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The Schneider Downs Our Thoughts On blog exists to create a dialogue on issues that are important to organizations and individuals. While we enjoy sharing our ideas and insights, we’re especially interested in what you may have to say. If you have a question or a comment about this article – or any article from the Our Thoughts On blog – we hope you’ll share it with us. After all, a dialogue is an exchange of ideas, and we’d like to hear from you. Email us at [email protected].

Material discussed is meant for informational purposes only, and it is not to be construed as investment, tax, or legal advice. Please note that individual situations can vary. Therefore, this information should be relied upon when coordinated with individual professional advice.

© 2023 Schneider Downs. All rights-reserved. All content on this site is property of Schneider Downs unless otherwise noted and should not be used without written permission.

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