Are Law Firms Eligible for Employee Retention Credit (ERC)?

Law Firm
Unlocking Eligibility: Employee Retention Credit for Law Firm Staff

Key Takeaways:

  • Law firms, like other businesses, may qualify for the Employee Retention Credit (ERC) if they meet certain conditions.

  • There are common misconceptions about ERC eligibility for law firms that need to be addressed.

  • A structured approach, such as the one provided by ERTC Express, can help law firms navigate the process and maximize their benefits.

  • Understanding the interplay between the Paycheck Protection Program (PPP) loans and ERC is crucial for law firms.

  • Professional guidance ensures compliance and maximizes the potential refund while protecting firms during potential audits.

Are Law Firms Eligible for ERC Refund

Firstly, it’s important to understand what the ERC is. In essence, it’s a refundable tax credit that eligible employers can claim based on the wages paid to their employees. This credit was designed to encourage firms to retain their employees during periods when business may have been affected by government restrictions or significant declines in gross receipts.

For a law firm to be eligible, it must have experienced either:

  • A full or partial suspension of its operations due to government orders related to COVID-19, or

  • A significant decline in gross receipts during a calendar quarter compared to the same quarter in 2019.

Beyond these basic requirements, there are more nuances to consider, and that’s where many firms get tangled up in misconceptions and confusion.

Several examples of government-imposed regulations that have impacted law firms are:

  • Mandates for increased cleaning and sanitation measures;
  • Guidelines for maintaining social distancing;
  • Limitations on the number of people allowed on premises;
  • Interruptions in the supply chain for office and cleaning supplies;
  • The transition to working remotely; and
  • Full closures of physical office spaces.

Common Misconceptions about ERC Refund for Law Firms

Many law firms initially assumed they were not eligible for the ERC, believing that it was only for certain industries or that receiving a PPP loan disqualified them. This is not the case, and such misunderstandings have led to many firms missing out on a substantial financial opportunity.

  1. Only ‘small’ businesses qualify: The ERC is not solely for small businesses. While the criteria differ for businesses with more than 100 employees, larger firms can still qualify.

  2. Having a PPP loan disqualifies you: Initially, firms could not claim both a PPP loan and the ERC. However, subsequent legislation allowed for both, with the caveat that the same wages cannot be used for both programs.

  3. If you weren’t closed, you’re not eligible: Even if a law firm wasn’t fully shut down, a partial disruption to operations could make it eligible for the ERC.

Clearing up these misconceptions is the first step towards claiming what could be a crucial financial lifeline for many law firms as well as with accounting firms.

How ERTC Express Helps Law Firms Maximize ERC Benefits

ERTC Express is a streamlined service designed to assist law firms in determining their eligibility for the ERC and in claiming the credit. The process can be complex, and the expertise provided by ERTC Express ensures that firms do not leave money on the table or run afoul of IRS regulations.

Step-by-step Guide: How ERTC Express Optimizes Your Refund

ERTC Express Step-By-Step Guide
ERTC Express Step-By-Step Guide


To begin, ERTC Express conducts a thorough assessment of your firm’s operations and financial records to determine eligibility. We will look at the impact of government orders on your business and any significant changes in your quarterly revenues.


Once eligibility is confirmed, ERTC Express will guide your firm through the process of calculating the credit. This includes identifying qualifying wages and ensuring that any PPP loan funds are not double-counted.


After calculating the credit, ERTC Express will help you file the necessary amended payroll tax returns to claim your ERC. We’ll provide you with the documentation you need to receive your funds from the IRS.

Remember, the goal is not just to claim the credit but to maximize it within the bounds of the law. With their help, you can rest assured that you’re getting the most out of this opportunity.

Maximize Your Law Firm’s ERC Refund with ERTC Express

Get Maximum Law Firms ERC Refund with ERTC Express

Securing the maximum possible ERC refund requires a meticulous approach. That’s where ERTC Express shines, providing a comprehensive service that ensures law firms don’t just claim but maximize their ERC refunds. Our team of experts, well-versed in tax law and the intricacies of the ERC, offer personalized assistance to navigate this complex process.

  • IRS Compliance: ERTC Express ensures that your claim is fully compliant with IRS regulations, reducing the risk of errors and potential audits.

  • Trusted by the AICPA: Their services come with the seal of approval from the American Institute of Certified Public Accountants, a testament to their reliability and expertise.

  • U.S.-Based CPAs: ERTC Express employs a team of certified public accountants based in the U.S., providing you with knowledgeable professionals who understand the complexities of U.S. tax law.

  • Power of Three – Audit Defense: If the IRS scrutinizes your claim, ERTC Express stands by your side with robust audit defense strategies.

  • Refund Maximization: Their strategic approach ensures that every eligible dollar is claimed, maximizing your firm’s refund.

With ERTC Express, you get the expertise needed to accurately calculate your credit based on the latest IRS guidelines and updates. We understand the unique financial structures of law firms and can tailor our services to meet your specific needs. By entrusting your ERC claim to ERTC Express, you are taking a significant step towards bolstering your firm’s financial health during these challenging times.

Frequently Asked Questions (FAQ)

What specific conditions do law firms need to meet for ERC eligibility?

Law firms must meet one of the two main conditions to be eligible for the Employee Retention Credit (ERC):

  • A significant decline in gross receipts, typically defined as a 50% decrease in a 2020 quarter compared to the same quarter in 2019, or a 20% decrease in 2021 quarters compared to the same quarter in 2019.

  • A full or partial suspension of operations due to government orders related to COVID-19. This includes limitations on meetings with clients, court closures, or restrictions on your workforce’s ability to perform their duties.

What are the most common pitfalls when law firms apply for ERC?

When applying for the ERC, law firms often stumble over a few common pitfalls. One of the biggest is misunderstanding the eligibility criteria, leading to either underclaiming or not claiming at all. Another is incorrectly calculating the credit, especially when it comes to differentiating between wages that can be claimed for ERC and those covered by PPP loans. Also, failing to keep proper documentation can result in difficulties substantiating the claim if audited by the IRS. Finally, missing the deadlines for amending payroll tax returns can be a costly mistake that prevents firms from claiming the credit they are entitled to.

Can solo law practitioners also benefit from ERC?

Absolutely, solo law practitioners can benefit from the ERC, provided they meet the eligibility criteria. The credit isn’t limited to large firms with multiple employees. If a solo practitioner experienced a significant decline in business or was affected by government orders that led to a partial or full suspension of operations, they should explore the possibility of claiming the ERC. It’s an opportunity to recoup some of the financial losses incurred during the pandemic.

How does ERTC Express protect my law firm during an audit?

ERTC Express understands the importance of being audit-ready. We protect your law firm by ensuring that your ERC claim is accurate and fully compliant with IRS regulations. Our team of experts meticulously documents every step of the process, from eligibility verification to the calculation of the credit and the filing of the claim. In the event of an audit, ERTC Express provides robust support and defense, leveraging their deep understanding of tax law to stand up to scrutiny and defend your firm’s claim.

Do Law Firms Qualify for the Employee Retention Credit (ERC)?

Yes, law firms, similar to other businesses, can qualify for the ERC if they meet specific criteria such as experiencing a significant decline in gross receipts or being subject to full or partial suspension of operations due to government orders related to COVID-19. It’s important for law firms to review their financial and operational records in detail to determine their eligibility for this valuable tax credit.

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