Solve Your IRS Problem

Employee Retention Credit - Deadlines for Submission

September 02, 2022 Travis W. Watkins Season 1 Episode 95
Employee Retention Credit - Deadlines for Submission
Solve Your IRS Problem
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Solve Your IRS Problem
Employee Retention Credit - Deadlines for Submission
Sep 02, 2022 Season 1 Episode 95
Travis W. Watkins

In this week's episode, Travis discusses the Employee Retention Credit and Deadlines for Submission!

Show Notes Transcript

In this week's episode, Travis discusses the Employee Retention Credit and Deadlines for Submission!

Chatting live here about the Employee Retention Tax Credit. We do this every week, every Monday, trying to meet some of your questions that you have about this, because there's plenty about it. There's some confusion that's out there still to this day about the Employee Retention Tax Credit. So let's jump right in on it. And after this is done, I'll go ahead and share with you some of the highlights in the Form of a little handout here that kind of helps the visualize the answer to some of these questions, but we'll jump right in. There's been a lot of confusion about the due dates for the retention credit. And a lot of that is because there's some misinformation out there that the program is over. Technically I guess the program, the quarters that you can receive the Retention Tax Credit are over, but you can still apply for those quarters after the fact.

So, the program itself technically ended December 31st, 2021. That would've been September of 2021, if you are a non-startup, that extra fourth quarter is allowed for technical startup companies. And that's beyond the scope of what we're talking about here today, but just know that for most existing employers, in other words, people that are companies that paid for employees during the pandemic and into 2021, the technical parameters of the program are over. However, as I mentioned, these are still going. You can still apply for the credit, and I'll tell you how to do that here in just a minute. 

Compounding some of this confusion is the fact that the IRS technically retired or archived as they call it archived as historical, the 7200 Form that the IRS was using for employers to take the credit on. So, if you go to that, if you Google an application Form or something like that for the Employee Retention Credit, you're going to ultimately probably first see this IRS site there that links you to an archived Form where they say in big red letters, “Hey, don't use this Form. It's technically dead.” And a lot of people confuse that as well. “The program must be completely over.” Not the case. It says that technically it says that don't use this as of January 31st, 2022. And we've been getting calls from potential clients from employers saying, and they've been arguing with us, “No, this thing is over!”And I'm telling you, it's not over, it's alive and well, and this is what you need to know as far as the timelines are concerned. All right? It is now clear if it wasn't before, that you take the credit on the IRS 941X, that's your quarterly amended return for payroll and the instructions for 941X govern the whole thing now.

Here’s the rule. You can file a 941X up to three years from the original due date of that original 941 return. And that's done on the 941X the amended 941. Now note, we'll go through these quarter by quarter so that you have them but again, I'll try to get something in the notes here after the live event that you can kind of cheat off of and see what these are for yourself, if you're a visual person. Alright, first of all, quarter one of 2020: there's only like two weeks there that make any difference to this equation whatsoever. It started March the 13th, I believe of 2020. And it ended essentially that first quarter technically, ended at the end of March of 2020. You would've had until April the 30th of 2021 to file that.

What they're saying here in the rules is that if you're taking those, any two weeks into your equation, if you're asking for any refund there on Q1 of 2020, you're going to have to put it on Q2 of 2020. So that's a little minutia there that you need to be aware of. And it's important because there were a lot of shutdowns that just started immediately there. And the first few days of March 13th, March 14th, 15th, you know, real quick, right out of the gate. So you might be using some of that first two weeks. Just don't file a Q1 2020 941X put those equations, put those claims on Q2 2020 941X. So just running through these, I'll give you the original dates that these things would've been due and what the new date would be now to submit the 941X, keeping in mind, that's three years from the original return.

So, if you're doing Q2 of 2020, that would've been due July the 31st of 2020, you got till July 31st of 2023. Q3 of 2020: you would've had till October the 30th of 2020 to file that. Now the 941X is due October 30th, 2023. Q4 would've been due 1/31 of 2021, because it goes past the December into January. You always get 30 days past the actual quarter to file the 941 original. So now the 941X due date is January 31st, 2024. All right, moving now into 2021. Quarter 1 2021, the original was due April the 30th of 2021, the 941X is now due April 30th, 2024. Q2 20221 would've been due July 31st of 2021. Now due July 31st, 2024. Q3 2021 would've been due October 31st of 2021. The 941X for Q3 would have been October 31st will be October 31st, 2024.

So, you've got some time on most of these. None of these have technically run yet, and they won't until July 31st, 2023. Now, again, I mentioned in this, in the beginning of these questions, that Q4 is not available to most employers. It is only available to startup companies, startups, your Q4 would've been due of 2021 would've been due January 31st of 2022. The deadline for 941X is now July 31st, 2025. So again, there's lots of time here still to qualify. And you should, if you had employees, in other words, this doesn't apply for independent contractors. Won't apply for owners and their family members. 

However, if you have non-owners and employees, as opposed to independent contractors, three ways to qualify: first of all if you were closed by governmental order, either fully or partially for some part or a full quarter or quarters, you would qualify. Also, if you have a reduction in your gross receipts during 2020, any quarter, that is a 50% or more loss compared to that same quarter in 2019, you're going to qualify for the ERC for that quarter in 2020. For 2021 quarters, if you had reductions in gross revenue of 20% or more compared to that same quarter in 2019, then you're going to qualify for that quarter for an ERC. And finally, and maybe most importantly, the change to the ERC program, the third qualification, and any of these could work. The third one is now supply chain disruption, which is a very squishy term, but we've covered that in the previous videos and discussions here live.

But that's the one that it was meant by the Biden administration to kind of open this thing up because not a whole lot of people were taking it because of the, they were not taking the ERC because of all the confusion, some of that confusion. Which still by the way, exists. Don't let it confuse you. Go to our site if you have further questions and we'll try to answer them there or in next week's video. We'll be back here 12 o'clock Central Time to answer those questions. Thanks for tuning in here. Have a great day.