The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) created the Employee Retention Credit (ERC) to provide economic incentives for employers to keep employees on their payroll during the COVID-19 pandemic. Since the CARES Act, the ERC has gone through numerous revisions. Although the ERC is applicable to the 2020 and 2021 tax years, eligible employers can claim the credit on amended payroll tax returns.

This program discusses the extensive regulations for determining ERC eligibility and the interaction of the ERC with Paycheck Protection Program loans and other pandemic relief programs. The program also addresses the IRS’ enforcement actions and commitment to investigating pandemic relief fraud including fraud related to the ERC.

Learning Objectives:

• Understand full or partial suspension of business operations


• Identify applicable governmental orders


• Define a significant decline in gross receipts


• Identify qualified wages


• Recognize the attribution rules


• Analyze the interaction of the ERC with other pandemic programs


• Discuss the statute of limitations for refunds and for enforcement


• Identify fraud potential


• Discuss remediation strategies