Are ERC credits taxable income (or reduce a loss)

ERC credits would be the first satisfying thing after the pandemic, but what government say about it?



Yours is a general tax question off topic to the forum



The answer is yes when you ask are ERC credits taxable income. IRS Notice 2021-20 provides that an employer receiving an employee retention credit refund should not include the credit in gross income for federal income tax purposes; however, under rules similar to IRC Section 280C (which also applies to other tax credits, such as R&D credits), such employer should reduce their wage expense by such amount in 2020 and/or 2021, as applicable.  If the company was in a taxable loss position greater than the amount of the credit, a reduction of wage expense may only reduce their loss position for such a year with no additional tax due because of the credit.



Add new comment

Log in or register to post comments