Do All Restaurants Qualify For Employee Retention Credit?

Are you a restaurant owner wondering if your establishment qualifies for the Employee Retention Credit (ERC)? Good news. The ERC is available to provide relief for employees impacted by COVID-19 and remains open for claiming in 2022, 2023, and 2024.

To determine eligibility, you need to meet certain criteria. It's important to note that restaurants did not have to be fully shut down to qualify. Instead, eligibility is determined by the restrictions imposed by state or local governments.

If your restaurant has experienced a full or partial shutdown, a significant decline in gross receipts, or had to reduce seating capacity due to social distancing requirements, you may be eligible for the credit.

As a restaurant owner, some common points to understand are:

  • Eligibility Requirements for Employee Retention Tax Credit
  • How to Determine Qualified Wages for Employee Retention Credit
  • Employee Retention Tax Credit Calculation
  • How Do You Claim Employee Retention Credit?
  • How Does Employee Tax Credit Work?
  • Best ERC Service

By filing Form 941-X for each eligible quarter and calculating the credit based on qualified gross wages, you can claim this refundable tax credit.

So don't miss out on this opportunity to provide financial assistance and encourage staff retention during these challenging times.

REST1

Eligibility Requirements for Employee Retention Tax Credit

If you're a restaurant owner, not all restaurants qualify for the Employee Retention Credit (ERC), but those that experienced a full or partial shutdown or a significant decline in gross receipts due to the pandemic can benefit from this tax refund.

To be eligible for the ERC, your restaurant must have been impacted by COVID-19 and meet certain criteria. These criteria include experiencing a decline in gross receipts of more than 50% in 2020 or 20% in 2021 compared to the same quarter in previous years. Additionally, if your restaurant had to reduce seating capacity due to social distancing requirements or could only operate outdoors or for takeout/delivery due to government restrictions, you may also qualify for the ERC.

It's important to note that there are no limitations or restrictions on how you can use the ERC tax refund. You can use it to cover payroll costs, invest in employee training and development, or other business expenses. To claim the ERC, you will need to file Form 941-X for each eligible quarter and mail it to the IRS.

Many restaurants have already benefited from the ERC with expert help. With proper documentation and proof of negative impact by the pandemic, you can determine your eligibility and estimate your credit amount. The ERC is designed to encourage staff retention and prevent layoffs during these challenging times.

How to Determine Qualified Wages for Employee Retention Credit

Restaurants that experienced a full or partial shutdown, as well as a significant decline in gross receipts, may be eligible for the ERC tax credit. To qualify for the credit based on a shutdown, restaurants must have been forced to close their doors temporarily due to government-imposed restrictions. This could include closures related to social distancing requirements or limitations on indoor dining capacity. Additionally, if a restaurant had to shift its operations solely to outdoor dining or takeout/delivery options, it may also qualify for the credit.

In terms of a significant decline in gross receipts, restaurants must demonstrate that their revenue decreased by more than 50% in 2020 compared to the same quarter in 2019. For 2021 eligibility, the decline should be greater than 20% when comparing quarters. Gross receipts include various sources of income such as total sales, revenue from investments and grants, royalties, interest, rents, and dividends.

It is important for restaurants to carefully document and provide proof of their shutdown or decline in gross receipts when claiming the ERC tax credit. By meeting these qualifying criteria, restaurants can access this refundable tax credit which can help cover payroll costs and other business expenses during these challenging times caused by COVID-19.

REST2

Employee Retention Tax Credit Calculation

To calculate the credit, you'll need to determine the total gross wages paid in a quarter, excluding any payroll expenses funded by PPP loans.

In 2020, the creditable wage per employee is up to 50% of the first $10,000 of qualified wages. For example, if you paid an employee $8,000 in qualified wages during a quarter in 2020, the creditable wage would be $4,000 (50% of $8,000).

In 2021, the creditable wage increased to 70% of the first $10,000 per quarter. So if you paid an employee $12,000 in qualified wages during a quarter in 2021, the creditable wage would be $7,000 (70% of $10,000).

Once you have determined the creditable wages for each eligible quarter, you can calculate the credit amount. The ERC is equal to a percentage of the qualified wages paid during each quarter.

In 2020 and 2021 quarters where your business experienced a full or partial shutdown due to government restrictions or a significant decline in gross receipts compared to the same quarter in previous years (more than 50% decline for 2020 and more than 20% decline for 2021), you may qualify for a higher percentage.

Remember that documentation and proof of the negative impact of COVID-19 are required when claiming the ERC. It's important to keep accurate records and consult with tax professionals or experts who can assist you in determining eligibility and estimating your potential credits accurately.

 

How Do You Claim Employee Retention Credit?

When claiming the ERC, make sure to gather all necessary documentation and consult with experts who can assist you in accurately determining your eligibility and estimating your potential credits. This is crucial as the ERC program has undergone amendments and changes, so it's important to stay updated on the requirements.

To claim the ERC, you'll need to file Form 941-X for each eligible quarter and mail it to the IRS. Here are three key steps to keep in mind:

  1. Review your financial records: Gather all relevant documents that demonstrate how your restaurant was impacted by COVID-19. This includes proof of a full or partial shutdown, reduced seating capacity due to social distancing requirements, or government restrictions that limited operations to outdoor dining or takeout/delivery only.
  2. Calculate eligible wages: Determine which wages qualify for the credit by excluding any expenses funded by PPP loans. The creditable wage amount per employee can be up to 50% of the first $10,000 of qualified wages paid in 2020 or 70% of the first $10,000 per quarter in 2021.
  3. Complete Form 941-X accurately: Fill out Form 941-X for each applicable quarter, providing detailed information about your eligible wages and calculating the corresponding credit amounts based on the criteria outlined by the IRS.

By following these steps and seeking expert assistance if needed, you can successfully claim the ERC and receive much-needed relief for your restaurant during these challenging times.

How Does Employee Tax Credit Work?

Maximizing the ERC tax refund is essential for restaurants looking to utilize the credit effectively and support their operations during these challenging times. Once you've determined your eligibility and calculated the credit amount, it's important to understand how you can make the most of this financial assistance.

First and foremost, the ERC can be used to cover various payroll costs, including wages, healthcare benefits, and retirement contributions. This means you can allocate the refund towards retaining your valuable employees and ensuring their financial stability.

Additionally, investing in employee training and development is a smart way to utilize the ERC. By enhancing skills and knowledge within your workforce, you can improve productivity, customer service, and overall business performance.

Furthermore, there are no limitations or restrictions on how you can use the ERC tax refund. This gives you flexibility in allocating funds towards other business expenses such as rent or mortgage payments, utilities, inventory purchases, or marketing efforts.

To claim the ERC tax credit, file Form 941-X for each eligible quarter and mail it to the IRS. Make sure all required documentation and proof of the negative impact of the pandemic are included with your filing.

By strategically utilizing the ERC tax refund, restaurants can not only navigate through these uncertain times but also position themselves for long-term success. Take advantage of this opportunity to strengthen your business operations while supporting your employees.

REST3

Best ERC Service

It's an amazing opportunity for business owners to take advantage of the Employee Retention Credit. It can provide a much-needed boost in times of uncertainty, giving companies the financial support they need to keep their employees on board and thriving.

Employers have the opportunity to take advantage of the Employee Retention Credit and reduce their taxes. This credit is available for a limited time, so it's important to act quickly.

As mentioned before, the ERC claim filing process is quite complex and is largely the reason most CPA's advised businesses to choose the PPP loan plan alternatively. ERC Specialists provide a focused and dedicated service for processing ERC claims exclusively.  Most business CPAs reach out to ERC Specialists for their Employee Retention Tax Credit claim needs. Click the button below to access the secure LINQQs portal to qualify and get your claim started before this plan expires.

Conclusion

In conclusion, not all restaurants automatically qualify for the Employee Retention Credit (ERC). Eligibility is determined by factors such as a full or partial shutdown, a significant decline in gross receipts, or reduced seating capacity due to social distancing requirements.

The ERC is a refundable tax credit that encourages staff retention and provides relief for employees impacted by COVID-19. Restaurants can claim the ERC by filing Form 941-X for each eligible quarter.

It's important to consult with experts to ensure proper utilization of the credit based on individual circumstances.

Frequently Asked Questions

What is the Employee Rentention Credit (ERC)?

The Coronavirus Aid, Relief, and Economic Security Ac, signed into law on March 27, 2020, included two programs to assist businesses with keeping workers employe: Employee Retention Tax Credit (ERTC) administered by the Internal Revenue Service and the Payroll Protection Program (PPP) administered by the Small Business Administration.

How is ERTC different from the Payroll Protection Program(PPP)?

PPP funds are not taxable as revenue and you may still take deductions for the payroll covered by PPP. The funds from the PPP are distributed based on 2.5 months of payroll and a minimum of 80% of the funds must be used on payroll to be eligible for forgiveness.

ERTC tax credits, however, are credits (or refunds) for a percentage of payroll in each quarter that you qualify. There are specific rules for determining eligibility by quarter, and limiting the dollars that can be claimed for each employee.

If I Received Funds from the PPP, Do I Still Qualify for the ERTC?

The short answer is “Yes”. You can claim ERTC even if you received PPP funds. In March of 2021, The American Rescue Plan Act of 2021 created expansions  and modifications to existing criteria of Employee Retention Tax Credit.

Businesses that received PPP funds could now also claim ERTC  tax credits. ERTC credits can be retroactively claimed for businesses that qualified in 2020. The ERTC qualification period was extended through 9/30/21 with lower eligibility requirements.

The refundable credit amount increased from 50% of qualifying wages in 2020 to 70% in 2021. The per-employee cap on qualifying wages was increased from $10,000 for all of 2020 to $10,000 per quarter for the first 3 quarters of 2021.

How Do I Apply for the Employee Renention Tax Credit and My CPA Do This?

Unlike the Payroll Protection Program,  there is technically no application process for the Employee Retention Tax Credits. You would simply claim the ERC tax credit like any other tax credit by asserting to the IRS that you can legally claim the credit.

Whether your tax accountant is a CPA or EA, they most likely only prepare Federal and State Income Tax Returns. However, ERC credits are claimed against Employment Taxes on Form 941, and cash advanced through Form 7200.

The ERC program is quite complex, which one of the main reasons most CPA's do not mention or attempt the claim process. It is also the reason most businesses pursued the PPP loan instead.

For prior quarters, you must file an amended form (the Form 941-X) to reduce your current quarter’s tax contribution. Also, you must request a refund of excess credits.

ERC Specialists focus only in this specific tax credit in order to maximize refunds, ensure accuracy, bulletproof your claim and save time. ERC Specialists provide audit protection and peace of mind.

Click the button below to start your claim