Beaird Harris will be closed on Friday, July 3rd in observance of the Independence Day holiday.
Update September 23, 2020
Emergency Paid Sick Leave Credit (“EPSL”)
This credit is available when an employer continues to pay an employee who is unable to work because of a COVID-19 government mandated quarantine, has been advised by a health care provider to self-quarantine, or has coronavirus symptoms and is seeking a medical diagnosis, eligible employers may receive a refundable sick leave credit for paid sick leave.
Alternatively, if the employer continues to pay an employee who is unable to work because they are caring for someone with COVID-19, or is caring for a child because the child’s school or child care facility is closed, or for whom the child care provider is unavailable due to COVID-19, the employer is also able to claim a reduced EPSL credit.
Emergency Family Leave Credit (“EFMLA”)
In addition to the sick leave credit, for an employee who is unable to work because of a need to care for a child whose school or child care facility is closed or whose child care provider is unavailable due to COVID-19 (and the employee cannot work or telework, and the employer’s business is not closed), eligible employers may receive a refundable child care leave credit.
Employers can receive FFCRA credits and have a PPP loan. However, wages and health plan expenses for which the employer takes a credit are not eligible for PPP loan forgiveness.
Qualified Health Expenses During Leave
All employers are required to continue group health coverage while employees are taking EPSL or EFMLA leave. Eligible employers are entitled to additional tax credits for qualified health expenses incurred during leave. Qualified health expenses are amounts paid by the employer to maintain a group health plan during the leave, which include:
Employer contributions toward the employee’s HRA or health FSA (note HSA contributions are not considered qualified health expenses).
Employee Retention Credit under the CARES Act
This provision allows eligible employers a refundable payroll tax credit equal to 50 percent of qualified wages paid to employees from March 13, 2020 through December 31, 2020. The credit is provided for the first $10,000 of compensation ($5,000 maximum credit), including health benefits paid to an eligible employee. Health benefits are computed in the same manner as under the FFCRA discussed above.
An employer with more than 100 full-time employees in 2019 is an “eligible employer” if its operations were fully or partially suspended as a result of a coronavirus-related shut-down order. In this instance, qualified wages are those paid when employee services are not provided, limited to 30 days per employee.
An employer with 100 or fewer full-time employees in 2019 is an eligible employer if its gross receipts declined more than 50 percent as compared to the same quarter in the previous year. In this instance, all employee wages are credit-eligible, and the credit is available regardless of whether or not the business was closed.
Employers receiving a Paycheck Protection Program loan are not eligible for the Employee Retention credit.
Credits and PPP Interaction Recap
You will need to work closely with your payroll company on how to provide them with the information necessary to compute the credits on your payroll tax returns.
Eligible employers are entitled to immediately receive a credit in the full amount of the required sick leave and family leave, plus related health plan expenses and the employer’s share of Medicare tax on the leave, for the period of April 1, 2020, through Dec. 31, 2020. The refundable credit is applied against certain employment taxes on wages paid to all employees.
How will employers receive the credit?
Employers can be immediately reimbursed for the credit by reducing their required payroll tax deposits by the amount of the credit.
Eligible employers will report their total qualified wages and the related health insurance costs for each quarter on their quarterly employment tax returns or Form 941 beginning with the second quarter of 2020.
If the employer’s employment tax deposits are not sufficient to cover the credit, the employer may receive an advance payment from the IRS by submitting Form 7200, Advance Payment of Employer Credits Due to COVID-19.
We hope you find this information helpful, and, as always, please let us know if you have any questions.
No Professional Advice, Client Relationship, or Reliance on Information
Please note that any information or content on our Website, or any forms or tools on our Website which allow you to submit information or make calculations, and your use thereof, are not intended to provide any kind of professional advice, consultation or service, including but not limited to, legal, accounting, tax, or business advice. Nor does any such information, content, forms, or tools, or your use thereof or reliance thereon, create or constitute an attorney/client, accountant/client, or consultant/client relationship. You should therefore not use our Website or reliance on any information, content, forms, or tools on our Website as a substitute for any kind of professional advice. Rather, you should consult with a licensed professional, including one employed by our Company, for any accounting or tax questions you may have. You agree that we will not be liable to you or to any third party to the extent you treat or consider any information, content, forms, or tools on our Website as constituting any kind of professional advice. The information and content, including but not limited to forms and tools, presented on or made available through our Website are made available solely for general information purposes. We, therefore, do not warrant the accuracy, completeness or usefulness of any such information, content, forms, or tools, and any reliance you place on the same is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website, or by anyone who may be informed of any of its content.
Our Website provides illustrative lists of services that we provide. Nothing contained on our Website shall be construed as an offer or guarantee to provide any particular services to you, nor shall anything on our Website be construed as a direct solicitation for employment by any persons, companies, or organizations. Prior results we have obtained for others do not guarantee a similar outcome.