What happens to the nonrefundable portion of the employee retention credit?

If the credit is non-refundable and exceeds the tax burden, you lose the franchise in a recovery startup. The non-refundable part of the ERC represents 6.4% of profits. This is the employer's contribution to Social Security. If a credit is non-refundable, the amount cannot be used to increase the refund you receive or to create a tax refund that didn't exist before.

The amount of your refund or savings is not allowed to exceed the amount of taxes due. Then, reduce liability for each subsequent payroll payment in the quarter until the non-refundable portion of the credit is used. The instructions went on to state that the non-refundable portion of the credits can be deducted to the extent that the employer participates in the social security wage tax associated with the first payroll payment and then to the extent that the employer participates in the social security tax associated with subsequent payroll payments for the quarter until the credit is used. The IRS has protective measures to prevent wage increases from being counted for the credit once the employer is eligible to receive the employee retention tax credit.

The ERTC is a refundable credit that companies can request on qualifying salaries, including certain health insurance costs, paid to employees. Employers with 100 or fewer full-time employees can use all the salaries of employees who work, as well as any paid time that they are not working, with the exception of paid vacation provided under the Families First Coronavirus Response Act. When determining the qualifying salaries that can be included, the employer must first determine the number of full-time employees. The employee retention tax credit is one of those credits for which companies may need to modify their forms.

The refundable portion of the credits does not reduce the liability stated in line 16 of Form 941, Form 941-SS, or Schedule B (Form 94). Although the Employee Retention Tax Credit (ERTC) program has officially expired, this does not affect a company's ability to apply for the ERTC retroactively. Qualified ERC salaries include the portion of group health plan expenses (including employer contributions and employee contributions before taxes) that goes to salaries that would otherwise be eligible. The notice includes guidance on how employers who received a PPP loan can retroactively apply for the employee retention tax credit.

Employers who use a Professional Employers Organization (PEO) or a Certified Professional Employer Organization (CPEO) do not file an individual 941 on their behalf, so it's important that they understand how they would reconcile this information and receive credit. Most employers, including colleges, universities, hospitals and 501 (c) organizations after the enactment of the United States Rescue Plan Act, could be eligible for credit. All salaries paid to employees by an employer with severe financial difficulties are considered qualifying wages.

Dustin Hafferkamp
Dustin Hafferkamp

Incurable pop culture enthusiast. Unapologetic pop culture practitioner. Hardcore travel advocate. Certified tv enthusiast. Lifelong food junkie.

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