I'm Self-Employed - Do I Qualify for the Employee Retention Credit?

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I'm Self-Employed - Do I Qualify for the
Employee Retention Credit?

Most business owners have heard about the Employee Retention Credit (ERC). If you are self-employed, you may be wondering whether you also qualify. After all, the pandemic was hard on you too, and a
few thousand (or maybe tens of thousands of dollars) could be helpful.

Here is what you need to know.

What is the Employee Retention Credit?

The ERC is a refundable tax credit for businesses that kept paying their employees while shut down during the pandemic. Businesses that had large declines in their profits from March 13, 2020 – December 31st, 2021, may also be eligible.

What Employers are Eligible for the ERC?

To be eligible for the ERC:

1. The employer fully or partially suspended operations due to orders from a governmental authority as a result of Covid 19. This suspension of operations must have taken place during 2020 or the first three quarters of 2021.
2. The employer experienced a large decline in profits during 2020 or the first three quarters of 2021.
3. The employer qualified as a recovery start-up business in either the third or fourth quarters of 2021.
What If You Are Self-Employed?

If you are self-employed, you are not eligible for the Employee Retention Credit.

The ERC is not available to you as your own employee.

The Employee Retention Credit would only be available if you have paid employees.

The wages that you pay your employees are what the IRS uses to
determine if you are eligible for the credit and how much the credit will be.

Unfortunately, there are a lot of third-party businesses that have been encouraging people to fraudulently apply for and receive the ERC.

See this article for more on the Employee Retention Credit Scam.

What if You are Self-Employed and have Already Received the
Credit?

If you are audited, the IRS is going to determine you were not eligible to receive the credit. They will require you to pay back the full amount of credit you received. You could also be responsible for paying a
penalty of either 25% or 75% of the credit.

Unfortunately, there is nothing you can do to prevent having to pay back the credit.

However, you may be able to decrease or eliminate any penalties. How can you do this?

The main thing the IRS is going to look at is whether you “knew or should have known” you were not
eligible for the credit. You can avoid the penalty by showing that you relied on the advice of a tax
professional and you did not know you weren’t eligible.

Do You Need Professional Help?

If you find yourself in this situation, strongly consider getting legal representation. IRS Audits, and
especially audits regarding fraudulent tax returns, have real legal consequences. This isn’t something you
should try to handle yourself.

You need to find a qualified tax attorney that you can trust. That attorney will have the knowledge and resources to give you the best possible help in this situation.

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#IRS #TaxDebt #TaxAdvisor
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Thanks for great information, truth & quick to the point facts! Enjoyed this style of teaching, thank you for sharing your gift of knowledge. You are protecting many from scams out there! God's blessings upon you!😊

countrygirl
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Can you claim it if you had employees that you paid a stipend?

beautydefined