Maximizing Opportunities: A Guide to Retroactively Claiming the Employee Retention Credit

Jun 15, 2023 | Affiliates, Business Insurance

Introduction: Attention Business Owners

In these challenging times, navigating the complexities of business operations has become more crucial than ever before. As an essential means of support, the government has introduced various relief programs, including the Employee Retention Credit (ERC). While you may already be familiar with this credit, did you know you can also claim it retroactively? In this blog post, we will delve into the intricacies of retroactive claims for Employee Retention Credit. We will empower you to maximize your opportunities and secure vital financial assistance.

Understanding the Employee Retention Credit (ERC): The Employee Retention Credit is a provision under the CARES Act. This was initially established in response to the COVID-19 pandemic. Designed to encourage business owners to retain their employees during challenging times, the ERC is a refundable tax credit that offers substantial financial relief. Initially, the credit was available only for specific periods. But recent legislation has expanded its scope, allowing retroactive claims for previously ineligible periods.

Eligibility for Retroactive Claims: To retroactively claim the ERC, you must fulfill specific criteria:

  1. Business Operations. Your business operations must have been partially or fully suspended due to government orders related to COVID-19. Or your gross receipts must have experienced a significant decline compared to the same calendar quarter in 2019.
  2. Employee Count: The size of your business plays a crucial role. For 2020, if you had an average of 100 or fewer full-time employees, all wages paid to employees during a qualified period can be considered for the credit. For 2021, the threshold has been increased to 500 employees.
  3. Qualified Wages: The wages that qualify for the credit depend on the size of your business. For businesses with 100 or fewer full-time employees, all wages paid during the qualified period are eligible. However, for companies with over 100 employees, only wages paid to employees not providing services due to the business being partially or fully suspended or experiencing a significant decline in gross receipts are eligible.
  4. Periods Eligible for Retroactive Claims: Initially, the ERC was available for wages paid between March 13, 2020, and December 31, 2020. However, the Consolidated Appropriations Act, 2021, extended the credit through June 30, 2021, and the American Rescue Plan Act extended it through December 31, 2021.

Steps to Retroactively Claim the Employee Retention Credit: To retroactively claim the ERC, follow these steps:

  1. Review Eligibility: Assess your eligibility based on the criteria outlined above, ensuring that you have met all the requirements.
  2. Gather Documentation: Collect and organize all relevant documentation, including records of employee wages, employee counts, periods of partial or full suspension, and gross receipts for the comparative quarters in 2019.
  3. File Amended Payroll Tax Forms: To claim retroactive credits, amend the appropriate payroll tax forms (e.g., Form 941) for the eligible periods. Include the necessary information related to eligible wages and employee counts.
  4. Consult with Tax Professionals: Due to the intricacies involved in retroactive claims, it is advisable to consult with tax professionals or qualified advisors who specialize in tax credit programs. They can provide expert guidance, ensure accurate calculations, and help you navigate the complex filing process.


In these economically challenging times, the Employee Retention Credit (ERC) has proven to be a valuable lifeline for businesses. By understanding the provisions for retroactive claims, you can potentially unlock substantial financial assistance for periods that were previously ineligible. As with any tax-related matter, it is crucial to seek professional advice. If you’re looking for help filing the ERC, click here for assistance from a friendly ERC Specialist.

Don’t forget to contact Team Advantage Insurance Solutions if you have any queries!

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