The Employee Retention Credit (ERC) is a refundable payroll tax credit created to incentivize employers who retained employees during the economic downturn caused by the COVID-19 pandemic.
Introduced as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act in March 2020, the ERC provided financial relief to businesses like nursing homes and bars that faced significant operating issues caused by government-mandated shutdowns and reduced revenues.
Employers could qualify for the ERC if they experienced a full or partial suspension of operations due to government orders or if their gross receipts declined significantly—by at least 50% in 2020 and 20% in 2021 compared to the same quarter in 2019.
The ERC initially allowed businesses to claim a credit of up to $5,000 per employee for wages paid in 2020. For 2021, this was expanded to $7,000 per employee per quarter, allowing a total potential credit of up to $28,000 per employee for that year.
The definition of qualified wages includes salaries and also health insurance costs. The specific rules regarding which wages count toward the credit differ based on the size of the employer:
Although the ERC program officially ended on September 30, 2021, businesses can still retroactively claim the credit by amending their tax returns for eligible periods up until 2024. The deadlines for filing these claims are:
Here’s a summary about the differences between ERC claims for 2020 and 2021 (image courtesy of financestrategists.com).
Although the ERC is exempt from federal taxes, certain states like Mississippi may opt to tax the refunds. More on this below.
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Yes, Colorado does tax the Employee Retention Credit (ERC) as income – any amounts received from the credit must be reported as income on both federal and state tax returns.
The Colorado Department of Revenue stated that wages and salary deductions disallowed at the federal level under section 280C of the IRC for ERC purposes can be deducted from the federal taxable income reported to the state.
This aligns with the treatment of similar credits in other states, where such credits are often subject to state taxation rules. Employers should ensure they accurately report their ERC on their tax filings to comply with both federal and state regulations.
At ERTC Express, we offer a specialized service that can help Colorado business owners file and claim their ERC.
You can get your ERC claim in just three easy steps through us.
The Employee Retention Credit (ERC) is a refundable payroll tax credit designed to incentivize businesses to retain employees during the economic challenges posed by the COVID-19 pandemic. It allows eligible employers to claim a credit based on qualified wages paid to employees.
Businesses can claim the ERC by filing Form 941-X to amend their payroll tax returns for eligible periods. They can retroactively apply for credits up until April 15, 2024, for 2020 claims and April 15, 2025, for 2021 claims. Colorado business owners can reach out to us at ERTC Express to get started on their ERC claiming process.
To claim the ERC, businesses need to provide documentation showing eligibility, including payroll records, financial statements demonstrating revenue decline, and evidence of operational suspension due to government orders.
Yes, businesses that received a PPP loan may still qualify for the ERC, provided that the wages used for the ERC calculation do not include any amounts forgiven under the PPP.
Yes, Colorado taxes the Employee Retention Credit as income. While the credit itself is not taxable, businesses must reduce their wage deductions by the amount of the ERC claimed, which affects their overall taxable income in the state.
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