Can freelancers get the employee retention tax credit?

Posted on Jul 20th 2021



Congress ordered the Coronavirus Aid, Relief, and Economic Security (CARES) Act toward the finish of March 2020, with an assortment of business and individual tax reductions, loans, and deferrals proposed to decrease the burden on these organizations and help them endure the most unpleasant months.

One of the most excellent tax arrangements was the Employee Retention Credit (ERC), a refundable credit for organizations that boosts independent companies to keep their workers on their payroll, regardless of whether the sales volume has fallen beneath what they would typically need to keep that stuff.

In early-2021, as the pandemic proceeded, however, the vaccine's promise was beginning to arise; Congress broadened the ERC for compensation paid through the end of 2021, increased the credit measure, expanded which businesses are qualified, and rolled out different changes.

LLC Owners and Freelancers are Not Eligible for the ERC
Qualified wages incorporate salaries and hourly rates, including skilled medical services plans and work charges.

This implies that freelance employed specialists do not get qualified wages. LLC proprietors are not viewed as workers and do not get compensation because, as sole owners, they draw assets from the expected benefits of the business. These are not paychecks, and no taxes or FICA are retained.

While LLC has some tax reductions for owners, this is a significant downside concerning the Employee Retention Credit. If the LLC has different representatives, the wages paid to those laborers are qualified, not the proprietor. Thus, if the LLC proprietor/independently employed individual is the only freelancer related to the business, it cannot guarantee the tax credit.