Employers should be wary of ERC advertisements that advise them to "apply" for money by claiming the ERC when they may not qualify. As a reminder, anyone who incorrectly claims the credit has to pay it back and may owe penalties and interest. The only way to claim the ERC is on a federal employment tax return.
For details about ERC scams, see News Release IR-2023-105, IRS alerts businesses, tax-exempt groups of warning signs for misleading Employee Retention scams; simple steps can avoid improperly filing claims.
The credit is available to eligible employers that paid qualified wages to some or all employees after March 12, 2020, and before January 1, 2022. Eligibility and credit amount vary depending on when the business impacts occurred. The ERC is not available to individuals.
Certain limitations apply to the ERC. For example, employers can't claim the ERC on wages that were reported as payroll costs for Paycheck Protection Program loan forgiveness. Qualified wages for purposes of the ERC do not include payroll costs in connection with shuttered venue operators grants or restaurant revitalization grants.
Eligible businesses that didn't claim the credit when they filed their original employment tax return can claim the credit by filing adjusted employment tax returns. For example, businesses that file quarterly employment tax returns can file Form 941-X, Adjusted Employer's Quarterly Federal Tax Return or Claim for Refund PDF, to claim the credit for prior 2020 and 2021 quarters.
Reminder: If you file Form 941-X to claim the Employee Retention Credit, you must reduce your deduction for wages by the amount of the credit for that same tax period. Therefore, you may need to amend your income tax return (for example, Forms 1040, 1065, 1120, etc.) to reflect that reduced deduction. For more information, see:
Congress passed legislation that modified the ERC after it was first enacted. If you need historical information about claiming an advance payment of the ERC in its first version, see Employee Retention Credit frequently asked questions. These FAQs do not reflect the current status of the credit.
Under common-law rules, anyone who performs services for you is your employee if you can control what will be done and how it will be done. This is so even when you give the employee freedom of action. What matters is that you have the right to control the details of how the services are performed.
To determine whether an individual is an employee or an independent contractor under the common-law rules, the relationship of the worker and the business must be examined. In any employee-independent contractor determination, all information that provides evidence of the degree of control and the degree of independence must be considered.
Example: Donna Lee is a salesperson employed on a full-time basis by Bob Blue, an auto dealer. She works 6 days a week and is on duty in Bob's showroom on certain assigned days and times. She appraises trade-ins, but her appraisals are subject to the sales manager's approval. Lists of prospective customers belong to the dealer. She has to develop leads and report results to the sales manager. Because of her experience, she requires only minimal assistance in closing and financing sales and in other phases of her work. She is paid a commission and is eligible for prizes and bonuses offered by Bob. Bob also pays the cost of health insurance and group-term life insurance for Donna. Donna is an employee of Bob Blue.
The site is secure.
The ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans.
ERISA requires plans to provide participants with plan information including important information about plan features and funding; sets minimum standards for participation, vesting, benefit accrual and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to establish a grievance and appeals process for participants to get benefits from their plans; gives participants the right to sue for benefits and breaches of fiduciary duty; and, if a defined benefit plan is terminated, guarantees payment of certain benefits through a federally chartered corporation, known as the Pension Benefit Guaranty Corporation (PBGC).
In general, ERISA does not cover plans established or maintained by governmental entities, churches for their employees, or plans which are maintained solely to comply with applicable workers compensation, unemployment or disability laws. ERISA also does not cover plans maintained outside the United States primarily for the benefit of nonresident aliens or unfunded excess benefit plans.
Compliance Assistance - Provides publications and other materials to assist employers and employee benefit plan practitioners in understanding and complying with the requirements of ERISA as it applies to the administration of employee pension and welfare benefit plans.
The Employee Assistance Program (EAP) is a special service provided for benefits-eligible employees and their dependents at no charge. The EAP provides information, short-term counseling, advice, and referrals from licensed professionals who understand the typical stresses we all face day in and day out.
This joint webinar hosted by USCIS and Immigrant and Employee Rights (IER) discusses employee rights and anti-discrimination provisions during the E-Verify and Form I-9 employment eligibility verification processes. This webinar, useful for workers, worker advocates, job seekers, and employers, is eligible for 1 professional development credit through SHRM and HRCI.
Your ComPsych GuidanceResources benefit provides you and your dependents 24/7 support, resources, and information to help you with all of life's challenges. From no-cost, confidential counseling and legal support, to financial information and personalized work-life resources, we've got you covered.
ComPsych Corporation is the world's largest provider of employee assistance programs (EAP) and is the pioneer and worldwide leader of fully integrated EAP, behavioral health, wellness, work-life, HR, FMLA, and absence management services under its ComPsych GuidanceResources brand.
Life can be stressful - whether it's personal, family or work challenges. This is why your employer provides the GuidanceResources program from ComPsych for you and your household members. The program is a confidential, free benefit that offers short-term counseling as well as information and resources on emotional, financial, legal, family and work-life issues.
GuidanceResources helps you address personal challenges, support positive change and improve your well-being. We help you address the complexities of life and everyday issues such as relationship problems, stress, grief and loss, energizing a career and dealing with trauma.
If legal or financial difficulties are causing you stress, the program can provide information and resources on everything from budgeting, credit card debt and taxes to family law and legal questions about real estate.
All phone calls are answered by a Guidance Consultant who will listen carefully and locate the best resource for youfrom a counselor in your community, to a legal or financial expert, to caregiving information.
The link you clicked will open in a new browser tab or window. GuidanceResources Online is not liable or responsible for the content, information, security, or failure of any products or services promoted or advertised on this external site and should not be construed as an endorsement by ComPsych of the content or views of the linked materials, products or services.
Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form.
Employers must ensure that employees have access to the Instructions for completing Form I-9, by providing them either a hard copy or a hyperlink. Also, the hyperlink on the main Form I-9 webpage returns you to the Instructions above.
Only employers located in Puerto Rico may complete the Spanish-language version of Form I-9 instead of the English-language version. Any employer may use the Spanish-language form and instructions as a translation tool.
Form I-9 is a fillable form, which means you can type your answers directly into the form, except for the signature blocks. Employers and employees using this fillable form must print and manually sign it rather than typing or electronically affixing a signature because this fillable form does not meet DHS standards for electronic Form I-9 generation, storage and retention systems. See 8 CFR section 274a.2. Failure to meet DHS standards for electronically generated, stored and/or retained Form I-9 may result in fines and other penalties.
WASHINGTON, D.C. -- The percentage of "engaged" workers in the U.S. -- those who are involved in, enthusiastic about and committed to their work and workplace -- is now 34%, tying its highest level since Gallup began reporting the national figure in 2000. In March 2016, Gallup also reported that 34% of U.S. employees were engaged, along with 16.5% who were "actively disengaged" -- a ratio of two engaged workers for every actively disengaged one.
The percentage who are "actively disengaged" -- workers who have miserable work experiences -- is now at its lowest level (13%), making the current ratio of engaged to actively disengaged employees 2.6-to-1 -- the highest ever in Gallup tracking. These findings are based on a random sample of 30,628 full- and part-time U.S. employees working for an employer from January to June 2018.
c80f0f1006