ERC Qualification Criteria
Wage Periods
The rules for the credit vary depending on which period the employer paid wages eligible for the credit.
March 12, 2020 through December 31, 2020:
Applicable law: CARES Act §2301, as amended by the Taxpayer Certainty and Disaster Tax Relief Act (TCDTRA) §206. Supplemental guidance was issued in IRS Notice 2021-20.
January 1, 2021 through July 1, 2021:
Applicable law: CARES Act §2301, as amended by the TCDTRA §207. Supplemental guidance was issued in IRS Notice 2021-23.
July 1, 2021 through December 31, 2021:
Applicable law: The American Rescue Plan.
Sources
1 CARES Act §2301(a)
2 Notice 2021-23; CARES Act §2301(c)(2)(A)(ii)(II) as amended by TCDTRA §207(d)(1)(A) 3 Notice 2021-23; CARES Act §2301(c)(2)(A) as amended by TCDTRA §207(d)(1)(B)
4 Notice 2021-23; CARES Act §2301(c)(2)(A) as amended by TCDTRA §207(d)(2)
5 Notice 2021-23; CARES Act §2301(a) as amended by TCDTRA §207(b)
6 Notice 2021-23; CARES Act §2301(c)(2)(A)(i) as amended by TCDTRA §207(a)(2) 7 Notice 2021-23; CARES Act §2301(f) as amended by TCDTRA §207(d)(3)(A)
8 Notice 2021-23; CARES Act §2301(c)(3)(A)(i) as amended by TCDTRA §207(e)(1) 9 Notice 2021-20; IRC §4980H(c)(4)
10 Notice 2021-23; CARES Act §2301(j) as amended by TCDTRA §207(g)
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