The Employee Retention Credit (“ERC”) was significantly expanded and extended as a part of the Consolidated Appropriations Act, 2021 (“Act”). The ERC is a refundable payroll tax credit for wages paid and health coverage provided by an employer whose operations were either fully or partially suspended due to a COVID-19-related governmental order or that experienced a significant reduction in gross receipts. Notably, the Act made a retroactive change to the ERC, applicable from March 13, 2020, that may allow employers that received PPP loans may qualify for the ERC with respect to wages that are not paid with proceeds from a forgiven PPP loan. In addition to the retroactive change, the following changes to the ERC apply prospectively from January 1 to June 30, 2021:
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