Guidance Issued By IRS For Claiming Employee Retention Credit In 2021

The IRS on April 2, 2021, issued additional guidance for employers claiming the employee retention credit (ERC) under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), as modified in December 2020 by the Taxpayer Certainty and Disaster Tax Relief Act of 2020 (Relief Act). The ERC is designed to help eligible businesses retain employees by offering a credit against employment taxes when qualified wages and healthcare expenses are paid during the COVID-19 pandemic.

Notice 2021-23 provides additional guidance for taxpayers to use when preparing credit claims and explains the changes to the employee retention credit for the first two calendar quarters of 2021, including:

Increased Credit Amount

  • Eligible employers may now claim a refundable tax credit against the employer share of social security tax equal to 70% of the qualified wages paid to employees after December 31, 2020 and before January 1, 2022.
  • The maximum employee retention credit available is $7,000 per employee per calendar quarter, for a total of $14,000 for the first two calendar quarters of 2021.

Broadened Eligibility Requirements

  • Employers who suffered a 20% decline in quarterly gross receipts compared to the same calendar quarter in 2019 are now eligible.
  • A safe harbor is provided allowing employers to use prior quarter gross receipts compared to the same quarter in 2019 to determine eligibility.
  • Employers not in existence in 2019 may compare 2021 quarterly gross receipts to 2020 quarters to determine eligibility.
  • The credit is available to some government instrumentalities, including colleges, universities, organizations providing medical or hospital care and certain organizations chartered by Congress.

Determination of Qualified Wages

  • Employers with 500 or fewer full-time employees in 2019 may include all wages and health plan expenses as “qualified wages.”
  • The Relief Act strikes the limitation that qualified wages paid or incurred by an eligible employer with respect to an employee may not exceed the amount that employee would have been paid for working during the 30 days immediately preceding that period (which, for example, allows employers to take the ERC for bonuses paid to essential workers).

Advance Payments

  • Employers with fewer than 500 full-time employees will be allowed advance payments of the ERC during a calendar quarter in which qualifying wages are paid. Special rules for advance payments are included for seasonal-employers and employers that were not in existence in 2019.

It’s Critical For Younger Generations To Understand Their Finances

It is very common for families of affluence to have competent professional advisors to help them manage their investments, their legal affairs, and their business operations. If a family member is not planning on a career as the Chief Executive Officer or Chief Financial Officer of the family business, or is not planning to manage his or her own investments, then why do they need to be financially competent?

The answers to this question could determine future family prosperity. Even if they are not taking an active role in the family business, family members need to be able to manage their own household, be prepared to step into a more active role managing finances if circumstances change and have the financial literacy to ensure continuity of the family wealth.

Three Reasons to Focus on Financial Literacy

First, family members either have or will have their own household. While everyone should strive to be financially literate, high net worth individuals may have been raised in an environment where money was never an obstacle, and thus they never needed to learn how to manage money. It’s important they understand that wealth is not limitless so they can manage their own finances individually. Everyone should be able to manage their own household in a way that achieves their short and long-term financial goals.

Second, if the past year has taught us anything, it is that life circumstances can change in a moment. A person could suddenly lose a parent, a spouse, or an advisor, and find themselves responsible for managing substantial wealth and financial matters. When one has relied on others to handle the finances, these new responsibilities can range from daunting to outright frightening.

Third, and most importantly, empirical evidence shows that heirs who are unprepared to manage the wealth they inherit is one of the leading reasons why wealth dissipates from generation to generation. Clearly, there are compelling reasons why everyone should be financially literate.

A couple had considerable wealth from the exercise of the wife’s stock options at a technology company. The wife’s husband handled all the family finances throughout their marriage, as she focused on her interests and passions during their retirement. The husband passed away from a sudden heart attack in his late 60’s, leaving the surviving spouse to manage their various real properties, make investment decisions and estate planning decisions. Unfortunately, the wife was not prepared to tackle these new challenges, adding considerable angst to an already difficult and challenging situation.

What Is Financial Literacy and How Can Parents Help the Next Generation Achieve It?

What do we mean by financial literacy? Our definition is this: An understanding of financial terms, concepts and practices that matures to a depth commensurate with the competence level required to match the individual’s circumstances. This simply means having the knowledge necessary to manage your own responsibilities. Not everyone needs the same level of financial competence or literacy. A Chief Financial Officer or Chief Investment Officer will need a level of financial literacy far greater than most. But everyone should be financially competent to accomplish what their personal responsibilities require or likely could require.

What should affluent parents consider when helping their young children become financially literate? The first thing they need to understand is that they are teaching their children about their financial values everyday—whether they realize it or not. Children pick up quickly on a parent’s attitudes and values about money and spending. They listen to what you say and, perhaps less obvious, they watch what you do. Parents should be intentional and purposeful when teaching their children about their financial values, and remain aware that their children are picking up on, and perhaps mimicking their own habits around money.

Parents have an opportunity to teach their children what money is and what it isn’t. It’s not a piece of plastic or an app on a phone. It is good for children to understand that money comes from somebody’s hard work, that it can be used to purchase needs and wants and to help others, and that it is not limitless. Financial values can be instilled at a young age to help children appreciate the family wealth and help shape proper attitudes toward it.

The best way to develop competence in financial matters is to combine topical learning with practical experience that reinforces the learning.

Where to start? Besides basic business and investment concepts and practices, a well-rounded approach to finance is essential. From macroeconomic factors that shape finance in the larger economy (including government and business), to microeconomic matters that touch their lives directly (such as personal financial responsibility, taxes and trusts), financial literacy encompasses a broad range of topics.

In conjunction with teaching children about financial values and managing money, parents should develop a maturity and age-appropriate “training” program to help reinforce what they have been taught. Early on it could consist of training a child to save, spend and give a portion of their allowance. During the teen years it can be managing earnings from a summer job or helping them manage a neighborhood yard-mowing business. Later, it may be participating in the investment or grant committees of the family foundation. Regardless of the life stage, practical experience will reinforce what they have learned.

It is important to keep in mind that financial literacy can be developed at any stage of life. Affluent parents would be prudent to discuss with their financial advisor how best to begin to prepare their heirs for the wealth they will inherit, regardless of the ages of their children. The financial advisor and other professionals may play key roles in the education process, not only to avoid what might seem like parental lectures, but to introduce or deepen the relationship between the children and the parents’ professional advisor network. If parents have delayed having open financial conversations with their children, it is never too late to start.

Raising the Next Generation is a wonderful experience. We all have hopes and dreams for our children, and we want the best for them. We try to teach them our values, how to deal with life’s difficulties, and provide the best education we can for them. Parents should be purposeful about educating their children about financial matters— these are essential life skills regardless of your level of financial affluence.

5 Takeaways for Rising Generation Financial Literacy

1. Be purposeful about teaching your children your financial values.

2. Make learning fun and interesting, maturity and age-appropriate. Be careful about who you select to teach them!

3. Be comfortable with a plan that spans a number of years and adapt your plan if helpful.

4. Reinforce their learning with practical experiences.

​5. It is never too early or too late to begin to learn financial competency.

Tax Blueprint As Part of American Jobs Plan Unveiled

The Biden administration on March 31, 2021, unveiled a jobs and infrastructure plan, the American Jobs Plan, to address the nation’s pressing infrastructure needs. The plan calls for about $2 trillion in spending over eight years. To pay for these expenditures, the plan also includes a proposed overhaul of the corporate tax system that would increase the corporate tax rate and the global minimum tax, eliminate federal tax benefits for fossil fuel companies, and strengthen enforcement against corporations.

While the proposed spending would be spread out over eight years, the tax increases would continue for 15 years.
 

Proposed Tax Measures The White House released a Fact Sheet that lists the proposed tax measures under the plan:

Corporate Tax Rate — The Biden plan would increase the corporate tax rate from 21% to 28%. The rate had been reduced by the Trump administration from 35% to the current rate of 21%.

Global Intangible Low-Taxed Income (GILTI) Modifications – President Biden’s proposal would increase the effective rate on GILTI for U.S. corporations to 21% and calculate GILTI on a country-by-country basis. It also would eliminate the rule that allows U.S. companies to reduce their GILTI inclusion by 10 percent of their average adjusted basis of qualified business asset investments.

Encourage Other Countries to Adopt a Minimum Tax Regime – The plan proposes to encourage other countries to adopt strong minimum taxes on corporations, and deny deductions to foreign corporations on payments that could allow them to strip profits out of the U.S. if they are based in a country that does not adopt a strong minimum tax.

Inversions – In addition to enacting reforms that would remove incentives for U.S corporations to invert, President Biden’s proposal would make the inversion process more difficult.

Offshoring/Onshoring Jobs –President Biden’s reform proposal would deny companies deductions generated by offshoring jobs and would also propose a tax credit to support the onshoring of jobs.

Eliminate the Foreign Derived Intangible Income (FDII) deduction and Invest in R&D Incentives – The Biden plan proposes the complete elimination of the FDII deduction, which was introduced as part of the Tax Cuts and Jobs Act. The revenue collected as a result of the repeal of the FDII deduction would be used to expand other R&D investment incentives.

Minimum Tax on Book Income – The plan  includes a proposed 15 percent minimum tax on U.S. corporations’ book income, which would apply only “to the very largest corporations,” according to the Fact Sheet.

Tax Preferences for Fossil Fuels – Biden’s plan would eliminate all subsidies, loopholes, and special foreign tax credits for the fossil fuel industry.

Enforcement – The plan calls for increased investment in enforcement so that the Internal Revenue Service has the necessary resources to effectively enforce the tax laws.