2020 was the last year that a PPP loan was allowed by an employer. However, that restriction was removed retroactively from March 2020. This retroactive lifting of a significant restriction to participation in the program creates an opportunity to look-back for most small restaurants. Employers of 100 or less full-time employees can access ERTC for on-premises, working employees in 2020 and employers of 500 or less full-time employees can access ERTC for on-premises, working employees in 2021. The average number of full time employees employed in 2019 is used to calculate the employer status.
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Numerous changes to the law, increasing eligibility and changing the rules, make it difficult and easy for you not to receive benefits. Businesses without credit or needing short-term funds can apply for the 7 Loan. This program is for small businesses that have non-disaster SBA loan, particularly 7, 504, or microloans. The SBA covers all loan payments on the loan, including interest, fees, and principal for six months. This relief is also available if a loan is received within six months after the bill was signed into law.
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However, the Consolidated Appropriations Act, which was enacted in December 2020 eliminated this restriction retroactively until March 13, 2020. Employers that received PPP Loans in 2020 can claim ERC if qualified wages were paid in 2020. Business owners withhold a percentage of the earnings of their employees for federal unemployment tax. Payroll tax credits allow business
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A full-time employees is an employee, who in 2019 worked an average of at 30 hours per week or 130 in a month. The key word here is that the government order must have a greater than a nominal impact on your business operations. The IRS defines nominal as 10% or more. You can use the previous quarter gross receipts test if you aren't eligible for any quarter.
Many restaurant owners dismiss the ERC as ineligible, assuming that they are not eligible because they didn't shut down completely or lose enough business to qualify for a Paycheck Protection Program loan. As we will see, employers can still claim credit for PPP loans, thanks to recently passed legislation. Although PPP loans have been the most prominent form of restaurant financing, the Employee Retention Credit is equally valuable.
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