News & Notes

How to determine whether a diocese and parish(es) must be aggregated for the purposes of the Employee Retention Tax Credit (ERTC)

INTRODUCTION  Determining whether a diocese and parish must be aggregated for the ERTC is a simple process. If you are tasked with figuring this out, start with these two questions: In the prior tax year did the diocese provide 80% (or more) of the funding for the parish? Does the diocese provide daily management over […]
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Dioceses and Parishes Can Claim an Employee Retention Tax Credit (ERTC) Refund for Clergy Health Plan Costs.

INTRODUCTION  If you are the CFO for one of the many Catholic dioceses that have waited to file for the Employee Retention Tax Credit, you might be in luck. Many dioceses and parishes that have filed did not use expert tax attorneys that understand secular law and Canon law to file. Many lost out on […]
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BREAKING ERTC NEWS: Same as the Old News

On Monday, July 24th 2023, the IRS released "new" final regulations related to the Employee Retention Tax Credit (ERTC). There is nothing surprising (or even of real substance) in the new regulations. In short, the regulations authorize the IRS to collect amounts from employers that should not have gotten them in the first place, and to apply the standard penalties that apply to payroll tax underpayments.
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For the ERC, For Eligible Employers that include multiple entities aggregated and treated as one employer for purposes of the Employee Retention Credit, will the individual entities separately report

Yes. Each Eligible Employer will report its Employee Retention Credit on its employment tax return (or on its third party payer’s employment tax return) without regard to its aggregation with other entities as one employer for purposes of determining its eligibility for the credit. Each Eligible Employer’s credit will be the amount of the credit […]
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For the ERC, May an Eligible Employer that averaged more than 100 full-time employees during 2019 treat wages paid to exempt salaried employees for time for which they are not providing services as qu

Yes. For an Eligible Employer that averaged more than 100 full-time employees during 2019, the wages paid after March 12, 2020, and before January 1, 2021, to exempt salaried employees for the time that they are not providing services would be considered qualified wages for purposes of the Employee Retention Credit. An Eligible Employer may […]
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For the ERC, May an Eligible Employer that averaged more than 100 full-time employees during 2019 treat the wages paid to hourly and non-exempt salaried employees for hours for which they are not prov

Yes. For an Eligible Employer that averaged more than 100 full-time employees in 2019, wages paid to hourly and non-exempt salaried employees for hours that the employees were not providing services would be considered qualified wages for the purposes of the Employee Retention Credit. For an employee who does not have a fixed schedule of […]
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For the ERC, May an Eligible Employer that averaged 100 or fewer employees during 2019 treat all wages paid to employees as qualified wages?

Yes. An Eligible Employer that averaged 100 or fewer employees during 2019 may treat all wages paid to its employees after March 12, 2020, and before December 31st, 2021, during any period in the calendar quarter in which the employer’s business operations are fully or partially suspended due to a governmental order or a calendar […]
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For the ERC, Does an Eligible Employer identify the average number of full-time employees based on the aggregation rules?

Yes. All entities are considered a single employer for purposes of determining the employer’s average number of employees if: they are aggregated as a controlled group of corporations under section 52(a) of the Internal Revenue Code (the “Code”); are partnerships, trusts or sole proprietorships under common control under section 52(b) of the Code; or are […]
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