INSIGHTi

COVID-19: The Employee Retention Tax
Credit
Updated May 7, 2020
The Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) includes an employee
retention payroll tax credit intended to help businesses retain employees during the Coronavirus disease
2019, or COVID-19, public health emergency. Employee retention remains a policy concern, as a number
of economic sectors have announced layoffs resulting from the COVID-19 induced economic fallout.
Unemployment insurance claims have surged following these widespread layoffs. This Insight
summarizes the employee retention tax credit in the CARES Act, makes comparisons to previous
employee retention tax credits enacted as disaster tax relief, and highlights some economic and policy
considerations.
The Employee Retention Tax Credit
The employee retention tax credit (ERTC) allows eligible employers to claim a payroll tax credit of up to
$5,000 per employee for qualified wages paid while closed or having reduced operations due to COVID-
19. The credit is computed as 50% of up to $10,000 in qualified wages paid to an eligible employee.
(Eligible employees are generally those who have been employed by the employer for at least 30 days.)
Health plan expenses can be treated as qualified wages when computing the credit. The Internal Revenue
Service (IRS) has indicated that for larger employers, health plan expenses are only eligible for the tax
credit if the employee is paid wages during the time services are not provided. Lawmakers from the tax-
writing committees, in a letter to the Treasury, stated that this interpretation is inconsistent with
congressional intent. The credit can be taken for wages paid after March 12, 2020, and before January 1,
2021.
Eligible employers are those who (1) are required to fully or partially suspend operations due to a
COVID-19-related order (including nonprofit employers); or (2) have gross receipts 50% less than gross
receipts in the same quarter in the prior calendar year (with the credit no longer being available once gross
receipts are 80% of prior year calendar quarter gross receipts).
Qualified wages depend on the number of employees the employer had during 2019. If the employer had
more than 100 full-time employees, qualified wages are wages paid when employee services are not
provided. (Qualified wages are limited to the amount the employee would have been paid for working an
equivalent duration during the 30 days preceding the non-service period). If the employer had 100 or
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fewer full-time employees, all employee wages paid by eligible employers are credit-eligible. Wages
taken into account for this credit cannot be taken into account for the tax credit for employer-provided
paid family and medical leave.
The refundable structure of the payroll tax credit allows businesses to receive the benefit more quickly
than typically would be the case for an
income tax credit. Additionally, the
Employer Retention Tax Credit: Stylized Example
Secretary of the Treasury is instructed to
Employer: Retail establishment ordered shut down as a nonessential
administer the credit in a way that allows
retail business on March 20, 2020; establishment had 10 full-time
for advance payment of the credit.
employees in 2019 and still had 10 full-time employees in 2020. On
March 20, 2020, employer laid off five employees; five employees
Employers cannot claim this credit if
continue to be paid.
they had indebtedness of a small
Wages: Between March 20, 2020, and March 31, 2020, each retained
business interruption loan forgiven. This
employee receives $1,500 in wages.
credit does not apply to government
Payroll Tax Credit: Payroll credit for this business is calculated as
employers. A provision provides for
$1,500 × 50% × 5 = $3,750.
transfers to the Old-Age and Survivors
The business paid $7,500 in wages between March 20 and March 31,
Insurance Trust Fund and the Disability
and it can claim a payroll tax credit of $3,750. As a small employer, all
Insurance Trust Fund, so that the Social
wages paid are eligible for the tax credit, regardless of whether services
were provided.
Security trust funds would not be
The tax credit computed here reduces the employer’s employment
affected.
taxes. Assume that this employer had paid $9,750 in employer payroll
The Joint Committee on Taxation (JCT)
taxes during the first quarter (January to March) of 2020. This employer
would be able receive a $3,750 credit against their first quarter 2020
estimates that the ERTC will reduce
payroll taxes. If the business continues to be shut down in the second
federal revenue by $54.6 billion (the
quarter, the employer may be able to claim additional tax credits.
combined total for FY2020 and
FY2021).
Past Use of Employee Retention Tax Credits
ERTCs have often been enacted as a tax policy response to major disasters. Most recently, the Taxpayer
Certainty and Disaster Tax Relief Act of 2019 (Division Q of the Further Consolidated Appropriations
Act, 2020; P.L. 116-94) included an income tax credit for employers who continued to pay wages to their
employees after a disaster—in this case, generally those declared in 2018 and 2019—made the business
inoperable. The credit is computed as 40% of the employee’s first $6,000 in wages paid between the date
the business became inoperable and the date it resumed significant operations or 150 days after the last
day of the incident period. As an income tax credit, nonprofit employers do not receive any benefit. As
part of the general business credit, businesses with limited tax liability may be able to carry back unused
tax liability to offset positive tax liability in the prior tax year, or carry the credit forward to offset future
positive tax liability for up to 20 years.
The JCT estimated that this provision will reduce federal revenue by $0.3 billion in FY2020.
Policy and Economic Considerations
The ERTC reduces the after-tax cost of compensating an employee. Because employees cost less, firms
are presumably willing to pay for more hours and retain more employees than they would absent the
credit. When businesses keep individuals employed these individuals continue to earn income, reducing
unemployment compensation expenditures and helping to maintain individuals’ incomes.
Payroll tax credits can be delivered relatively quickly, addressing potential concern about timing
associated with past ERTCs. In the past, as income tax credits, employee retention credits have offered

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limited benefits to taxpayers with a limited income tax liability. A payroll tax credit does not depend on
income tax liability. Further, payroll tax credits can be claimed by nonprofit employers.
One metric for evaluating the effectiveness of ERTCs relates to the economic efficiency, or “bang for the
buck,” of these incentives. In the current context, this would be credits claimed for wages paid to
employees that would have otherwise been laid off, or had their hours reduced, relative to credits claimed
for employees that would have remained on the payrolls, absent the tax credit. The larger this ratio, the
more economically efficient the incentive.
Smaller employers (those who had 100 full-time employees or fewer in 2019) are able to claim the tax
credit for wages paid to employees that would have been retained absent the incentive, as well as any
employees that are now retained because of the incentive. Although the credit can be claimed only for
wages paid to employees who are not working, larger firms may be able to claim the credit for wages that
would have been paid had the credit not been available. (Certain large businesses have announced their
intent to pay employees during COVID-19 closures, although continuing to pay employees will become
more challenging the longer businesses are closed.) To the extent that this credit is claimed for employees
that would have been retained absent this credit, it is less economically efficient than payments directly
targeted at those who are laid off.

Author Information

Molly F. Sherlock

Specialist in Public Finance




Disclaimer
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IN11299 · VERSION 3 · UPDATED

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