Can Businesses Claim the ERTC Retroactively?

September 7, 2023
Dayes Law Firm

While many business owners may have already heard about the Employee Retention Tax Credit, also known as the ERTC or ERC, they might mistakenly believe it is not a program they can take advantage of any longer. Since the ERTC is available to qualified employers for wages paid from March 13, 2020, through December 31, 2021, some employers may think they’re out of luck when it comes to applying for the ERTC.

Claiming the ERTC Retroactively

But the truth is, just because business owners can’t claim the Employee Retention Tax Credit for current tax quarters, that doesn’t mean there isn’t still time to claim for past quarters.

The ERTC can only be claimed for quarterly payroll tax filings from 2020 and 2021 and is not available for filings from 2022. But there are still several months remaining for business owners to claim those 2020 quarters, and more than a year left for any quarters from 2021. But the clock is ticking. 

When is the ERTC Available to Claim?

The ERTC is available to qualified employers for wages paid from March 2020 through late December 2021 and is “for businesses that continued to pay employees while shut down due to the COVID-19 pandemic or had significant declines in gross receipts” during those early months of the pandemic, according to the IRS.

If you’re an eligible employer, you can file an amended Form 941X (Quarterly Federal Payroll Tax Return) to claim the ERTC for past tax quarters. However, although the tax credit is still available for business owners who want to claim it, there are ERTC deadlines looming that you should be aware of.

ERTC Deadlines

For all quarters in 2020, the deadline to apply for the Employee Retention Tax Credit is April 15, 2024. For all quarters in 2021, the deadline is April 15, 2025.

That means you’ve got just a few months left to retroactively claim the ERTC if you want to claim it for 2020 wages and tax quarters. If you’re still not sure that you and your business qualify to apply or whether you’ve got enough time to get all your documentation in order to claim the credit, a tax professional or attorney like those at Dayes Law Firm may be able to help.

Dayes Law Firm ERTC Assistance 

At Dayes Law Firm, we can help you file the appropriate amended quarterly payroll tax returns on your behalf to retroactively claim the ERTC funds your business is still entitled to.

Our team and our partners have already worked with many other businesses to apply for over $250 million in ERTC claims to date! In fact, we are proud to say that our clients have already received over $25 million in funds for Employee Retention Tax Credit claims.

If you’re looking to claim the ERTC retroactively, we can help you and your business, too. Our firm can offer a free, no-obligation consultation to discuss any of your ERTC needs and to determine whether you qualify to claim the ERTC before it’s too late. 

Please feel free to call us at 1-866-684-8114 or fill out the form on this page to contact us. Again, there is no upfront cost to hire our firm, and we would be happy to discuss any of your questions or concerns about the tax credit before moving forward. 

Dayes Law Firm would be happy to help you claim the ERTC retroactively, and we hope to hear from you soon!