We keep you up-to-date on the latest tax changes and news in the industry.
Article Highlights:
• Employee Retention Credit
• Infrastructure Investment and Jobs Act
• Retroactive Repeal of 4th Quarter Employee Retention Credit
• Advance Payments
• 4th Quarter Employment Tax Deposits
• Failure to Deposit Penalties
If you claimed the employee retention credit (ERC) in the fourth quarter of 2021, you better read this about a retroactive change affecting the credit for the fourth quarter of 2021.
Background: The ERC was created by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), and the American Rescue Plan Act (ARP Act) extended the ERC for wages paid through December 31, 2021.
Now the recently passed Infrastructure Investment and Jobs Act (IIJ Act) has retroactively repealed the ERC for the fourth quarter of 2021 for all taxpayers except recovery start-up businesses. A recovery start-up business is an employer that began carrying on any trade or business after February 15, 2020, and has gross receipts under $1,000,000 for the three-tax-year period ending with the tax year that precedes the calendar quarter for which the ERC is determined.
Many businesses already claimed the ERC for wages paid the fourth quarter of 2021 before the IIJ Act was passed in mid-November. Thus, other than recovery start-up businesses, employers that have claimed a fourth quarter 2021 ERC will be required to repay advance payments but will not be subject to any penalties. IRS Notice 2021-65 provides guidance on how to repay any advance credit payments and how to avoid penalties.
Employers That Received Advance Payments - If an employer requested and received an advance payment of the ERC for wages paid in the fourth calendar quarter of 2021, and the employer is not a recovery startup business, the employer must repay the amount of the advance. Employers who need to repay these advance ERC payments must do so by the due date for the applicable employment tax return that includes the fourth calendar quarter of 2021.
Employers That Reduced Fourth Quarter 2021 Employment Tax Deposits – Thinking that they would qualify for an ERC for wages paid in the fourth quarter, some employers reduced their fourth quarter employment tax deposits before the ERC was repealed. The IRS has said that penalties will not be imposed for these employers that reduced fourth quarter 2021 employment tax deposits prior to December 21, 2021, if:
1. The employer reduced its deposits in anticipation of the ERC, consistent with the rules provided in Notice 2021-24; and
2. The employer deposits the amounts initially retained in anticipation of the ERC on or before the relevant due date for wages paid on December 31, 2021 (regardless of whether the employer actually pays wages on that date). Deposit due dates will vary based on the deposit schedule of the employer; and
3. The employer reports the tax liability resulting from the termination of the employer’s ERC on the applicable employment tax return.
Failure to deposit penalties will not be waived for reduced deposits made after December 20, 2021.
Please contact this office if you need assistance correcting payroll for this change.
Sign up for our newsletter.
Your CFO, Reimagined as a Financial Doctor
Diagnosing root causes, prescribing solutions, and guiding your property business toward long-term wealth.
Raquel is a passionate business owner. Now, she is returning to her grassroots with a twist - guiding clients with her expertise as a CPA, she can advise your company as your trusted CFO and Advisor.
✅ CPA with Real-World Experience – I help property managers stay profitable, tax-efficient, and cash flow positive.
✅ Tax Strategist – Former advisor at California’s revenue agency.
✅ Trusted by 4,000+ Businesses – Experience across CA, FL, TX, NV, and beyond.
✅ Real Estate Investor – I understand the financial realities of property management.
✅ Entrepreneur – I’ve built businesses and know the challenges you face.
We diagnose financial inefficiencies, treat problems like poor cash flow or rising costs, and guide you to long-term financial health. That includes cleaning up your books, forecasting cash flow, optimizing operations, and helping you grow your portfolio with confidence — just like a doctor builds a custom care plan for a patient.
Bookkeepers record transactions. CPAs file your taxes. We connect the dots — helping you understand your numbers, strategically improve them, and make smarter decisions throughout the year. We work alongside your existing team to drive performance, not just compliance.
If you're unsure where your cash is going, struggling with rising costs, planning to scale, or just tired of reacting instead of planning — now is the right time. We help you get ahead of problems, not just clean up after them.
Clients typically see improved cash flow, cleaner books, higher NOI, better financial reporting, and a lot less stress at tax time. More importantly, you gain clarity, confidence, and control over your business — and a partner who helps you grow it.
Painless, transparent pricing.
Let us take away your stress and give you back your time. Choose your perfect package today.
Dedicated finance expert
Bookkeeping with accrual basis
Includes P&L, balance sheet, and cash flow statements
Includes everything in Base, PLUS
Industry KPIs and financial ratios
Monthly virtual 1-hr meetings
Monthly rolling budget forecasts
Includes everything in Base, CORE
Budget vs. actuals variance analysis and review
Payroll and HR Platform