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ERC Qualification Criteria

erc qualification chart for business

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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