How to Claim ERC for Third and Fourth Quarters of 2023 ?

September 15, 2023 Employee Retention Credit (ERC)

You want to claim ERC for 2023. But it’s already later on in the year and you’re wondering how to claim ERC for the third and fourth quarters of 2023.

In the ever-evolving landscape of business amidst the COVID-19 pandemic, the Employee Retention Tax Credit (ERC) emerges as a beacon of financial relief for companies seeking to retain their valued employees. This valuable tax incentive program, established by the CARES Act, offers businesses the opportunity to claim a tax credit on a percentage of qualified wages.

As we delve into the intricacies of claiming the ERC for the third and fourth quarters of 2023, we’ll provide a comprehensive guide, addressing eligibility requirements, necessary documentation, and potential considerations for businesses.

Keep reading to learn more about how to claim ERC for the third and fourth quarters of 2023.

Need ERC help? Contact Northstar for professional assistance from one of our experienced CPAs now.

Overview of the ERC for Third and Fourth Quarters of 2023

The Employee Retention Tax Credit (ERC) for the third and fourth quarters of 2023 provides businesses with a tax credit of up to 70% of an employee’s qualified wages, helping to offset the financial impact of the COVID-19 pandemic.

This tax credit is a significant benefit for businesses as it allows them to reduce their employment tax deposits and even receive advanced tax refunds. The ERC is calculated on a quarterly basis, allowing businesses to claim up to $7,000 per quarter for a maximum of $28,000.

Furthermore, the ERC is retroactive, meaning that businesses can claim credits for previous quarters by filing an amended quarterly payroll tax return (Form 941-X). This allows businesses to receive the benefits they are entitled to, even if they were not aware of the ERC at the time.

Overall, the ERC provides valuable financial relief to businesses during these challenging times.

Eligibility Requirements for Claiming the ERC

To be eligible for accessing the benefits of the ERC program during the third and fourth quarters of 2023, businesses must demonstrate a 50% reduction in gross sales receipts compared to the prior year due to the COVID-19 pandemic. This requirement ensures that only businesses significantly affected by the pandemic can avail themselves of the program.

The application process for claiming the ERC involves filing an amended quarterly payroll tax return (941-X). During the application, businesses need to provide general information about their operations, including staffing impacts such as the number of W-2s issued and a forecast for the following tax year. It is important to note that businesses with partial ownership in other entities need to disclose this information to prevent double-dipping on benefits.

Additionally, businesses are reviewed collectively, and if one is deemed ineligible, none of them will receive ERC payments. Meeting these requirements and completing the application process accurately and timely are crucial for businesses to claim the ERC for the third and fourth quarters of 2023.

Step-by-Step Guide to Filing an Amended Payroll Tax Return (941-X)

Businesses seeking to access the benefits of the ERC program for the third and fourth quarters of 2023 can follow a step-by-step guide to filing an amended payroll tax return (941-X). This filing process allows businesses to retroactively claim the Employee Retention Tax Credit (ERC) for eligible wages paid during the specified quarters.

Here are the key steps and documentation requirements:

  1. Obtain Form 941-X: Download and complete Form 941-X, which is used to amend previously filed quarterly payroll tax returns.
  2. Provide Relevant Information: Fill in the necessary business information, including the quarter being amended, the total number of W-2s issued, and the forecast for the following tax year.
  3. Submit Supporting Documentation: Attach supporting documentation to substantiate the eligibility for the ERC, such as proof of partial or full termination of operations due to the COVID-19 pandemic and gross sales receipts showing a 50% reduction compared to the prior year.

Important Business Information to Include When Claiming the ERC

When filing an amended payroll tax return (941-X) to access the benefits of the ERC program for specific time periods, it is crucial to include accurate and comprehensive business information. This includes providing general business information, such as the number of W-2s issued and the forecast for the following tax year.

However, businesses should be aware of the forecasting challenges that may arise when trying to estimate future staffing impacts. It’s important to make a realistic and well-supported forecast to ensure the credibility of the information provided.

Equally important to note is that to prevent double dipping on benefits, businesses must disclose any partial ownership in other businesses. This is done to ensure that businesses are reviewed together, and if one is found to be ineligible, none of them will receive ERC payments.

Considerations for Staffing Impacts and Forecasting for the Next Tax Year

Accurately forecasting staffing impacts and considering the outlook for the upcoming tax year are crucial factors to consider. This is especially the case when preparing to file an amended payroll tax return (941-X) for the ERC program.

By carefully analyzing the staffing needs and projections, businesses can determine the potential eligibility for the Employee Retention Tax Credit (ERC) for the third and fourth quarters of 2023.

Here are three important considerations for staffing impacts and forecasting:

  1. Evaluate the number of W-2s issued: Businesses need to assess the number of employees on their payroll during the relevant quarters. The ERC is based on a percentage of qualified wages, so understanding the staffing levels is essential.
  2. Analyze the forecast for the next tax year: Forecasting future staffing needs and financial performance can help businesses plan their ERC eligibility. If there are anticipated changes in the workforce or projected growth, it is important to take these into account when claiming the ERC.
  3. Consider the impact of staffing on eligibility: The ERC program has specific eligibility criteria, including a requirement for businesses to demonstrate a partial or full termination of operations due to the COVID-19 pandemic. Understanding how staffing impacts eligibility is vital to ensure accurate filing and maximize the potential benefits.

Potential Challenges and Restrictions in Claiming the ERC

When claiming the Employee Retention Tax Credit (ERC) for the third and fourth quarters of 2023, there are potential challenges and restrictions that businesses need to be aware of.

One of the challenges is meeting the documentation requirements set by the IRS. Businesses must maintain records that support their eligibility and the amount of qualified wages claimed for the ERC. This includes documentation of the impact of the COVID-19 pandemic on their operations and gross sales receipts showing a 50% reduction compared to the prior year.

Another limitation on retroactive claims is that businesses must file an amended quarterly payroll tax return (941-X) to claim the ERC for previous quarters. However, there is a time limit for filing amended returns, typically up to three years after the original filing.

It’s important for businesses to be proactive in gathering the necessary documentation and filing their claims in a timely manner to ensure eligibility for the ERC.

Need ERC help? Contact Northstar for professional assistance from one of our experienced CPAs now.