The answer is no, but it does affect your income tax return. The benefits of receiving the credit far outweigh its effect on your taxes. Contact ERC today to schedule a consultation. These frequently asked questions are not included in the Internal Revenue Bulletin and therefore cannot be relied upon as a legal authority.
This means that information cannot be used to support a legal argument in a court case. An employer who receives a qualified wage tax credit, including allowable expenses from a qualified health plan, does not include the credit in gross income for federal income tax purposes. Neither the portion of the credit that reduces labor taxes applicable to the employer nor the refundable portion of the credit are included in the employer's gross income. The client employer is responsible for avoiding a “double benefit” with respect to the employee retention credit and the credit under section 45S of the Internal Revenue Code.
The client employer cannot use the salaries that were used to apply for the employee retention credit and reported by the third payer on behalf of the client employer to claim the 45S credit on their income tax return. Any eligible employer can choose not to apply for the employee retention credit for any calendar quarter by not claiming the credit on the employer's employment tax return. Disaster Loan Advisors can help your company with the complex and confusing employee retention credit (ERC) and employee retention tax credit (ERTC) program.
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