Tag Archives: employer

Education, Software, Tips

How to Issue 1099s and W-2s from Gusto Payroll (for 2023)

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As a CPA whose company works with loads of small businesses that need to process payroll, I’ve used quite a few payroll systems through the years… and Gusto has become our favorite. It’s not without its quirks and issues, but overall it does a great job for a great price, and — key for the work we do — it syncs nicely with QuickBooks Online, as well as their own Benefits company and with Guideline retirement.

(By the way, our referral link will get you a $100 prepaid Visa card if you sign up and run your first paid payroll before Jan 31st, 2024! Bonus! Happy New Year!)

It seems that for 2023, Gusto has slightly changed the details for how they handle distribution of 1099 and W-2 forms — and so that no one ends up without a copy of their important documents, I am sharing the step-by-step process that we went through for our own firm, in hopes that it helps you manage it in your own small business.

Spoiler alert: the process of DIY-ing (aka creating the packet of 1099 or W-2 PDFs, going to the Tax documents section and finding/ downloading these PDFs, printing them, and mailing them) was enough of a pain that for sure next year I will just click the option to pay $3 per form to have them mailed for me for anyone who hasn’t selected “electronic-only delivery”. But before then, I will contact all my employees and contractors and ask them to please change their preferences to be electronic-only delivery next year, since the thing I would be mailing them is literally a printout of the same PDF that they can download themselves from their Gusto account.

And now — here’s the process I went through, in real time, as I walked through the steps myself.

First off, as the company/ employer, I received an email from Gusto (though it incorrectly stated that these are client tasks, rather than firm tasks) stating that I need to distribute important payroll forms to recipients before the IRS deadline of January 31, 2024.

When I click on the “Let’s do it” button for 1099s, it takes me (after logging in) to the screen below, which notes “If you have us mail forms for you, you can choose to exclude anyone who’s consented to have them delivered electronically.” This is pretty important, as I encourage everyone to accept this delivery method, even if they also request a paper copy. I am curious to see if they make this option clear even if I select “I’d like to download and distribute them on my own,” and will give that approach a try.

After selecting the second option — “I’d like to download and distribute them on my own” (DIY), I get this screen:

And then this screen:

And good news! Even in the DIY version, you can select “Only contractors who haven’t requested electronic-only copies,” which is a real win for everyone. It would be nice if they made that clearer on the first page, and simply said, “you can choose to exclude anyone who’s consented to have them delivered electronically.”

I take that back! NOTE: After going through the whole process (you’ll see this below), I never did get a packet that was just for the electronic-only folks. I was only able to download a packet for ALL employees. I will have to pick out which ones selected paper delivery and only print and mail those. Or I can go into each employee and download the form individually. What a pain! I don’t want to reward Gusto for handling this poorly, but if I could go back again, I’d have chosen to have them mail the ones who set their preferences for paper forms, for $3 each.

I clicked on “Create packet”, and nothing happened. However, this box shows on the right-side, so I’m guessing that’s why:

(I think this could have been handled a bit better by the Gusto programmers.)

Now, if you had any contractors who did not select electronic delivery, you would in theory eventually get a copy of that packet, and use the PDFs of the 1099s that were made available to you by Gusto — you would print and mail them yourself. But in my experience with the W-2s (below), I was only ever able to download a copy of ALL the forms, not just the ones that set their preference to receive a paper copy. Or I could go to each employee and download them individually. Therefore, as I keep saying… if I had this to do over, I’d pay Gusto the $3 per form for just the ones that requested paper forms. And in future onboarding, I’d ask them to set it to “electronic-only”.

Next, we’re going to give the W-2 form distribution a try. I clicked “Home” to get to the main page of my Gusto account but got an error message, probably because as an accountant user, it got confused about whether to take me to my own firm homepage or my client dashboard. So I went back to the original email and started from there. As expected, it brought me here:

And after selecting DIY, it took me here:

After clicking “Continue” it took me to a page that nicely spelled everything out for me:

It turns out that four of my employees have requested paper copies. They may have also requested electronic copies, but since that doesn’t matter one way or the other here, it’s not indicated. (Note to self: ask your team members to select electronic-delivery-only!)

So this time when I clicked the “Create packet” button, I got a pop-up.

I clicked on the “Go to Tax documents” button and it took me to a very familiar screen (since I have to download this information on behalf of clients from time-to-time), with a tab for each type of tax document.

I clicked on W-2s and followed the prompt to download my 2023 W-2 packet — but this turned out to be the entire employer-copy of the W-2 packet. So, I clicked below that on the option to “Distribute 2023 W-2s” — but that just took me back to “Choose how to distribute W-2s” starting page.

To be fair, it did say in the pop-up that they’re creating my packet and would email me when it’s ready… I’ll go check email next.

But first I want to point out that this page also makes it clear in the employee list at the bottom what the delivery preference for each employee is, making it easy for me to make good on my “note to self” above and reach out to those who requested “paper and electronic”. (By the way, my own name is on that list. Sigh.)

It’s many minutes later and I still don’t have an email saying my packet is ready.

At this point, I’m wishing I’d just paid Gusto $3 each for them to mail these for me.

I’m going to sign off on this blog post for now and return to it once I get an email from Gusto. And if I don’t, I will shake my fist at them and ask my team members if I really have to spend $3 each to send them a paper W-2 when they already have a PDF.

Update: I never did get an email from Gusto saying my packet of just the ones that need paper copies was ready. And when I went back in to just pay Gusto the dang $3 each, I got this screen:

So apparently that’s not even an option anymore. Heads-up! (This is the part where I scroll back to the top of my post and give everyone a spoiler alert before starting this process.)

The key takeaway I’d like to share with clients and readers is that you should absolutely, unquestionably go into “Tax Documents” and look at the list of people under the W-2s and 1099s tab to see if anyone chose paper-only (I am presuming that’s an option but do not truly know… because it’s 2024 and who would choose that, anyway). If anyone did *not* consent to electronic delivery, then go spend that $3 per employee. For everyone else, reach out and ask if this is really necessary, and suggest they (myself included, whoops) change their settings — not because the $3 per form is a prohibitive cost, but because the amount of time and energy spent in making that happen (any at all) is simply not worth it in this day and age of electronic communication.

I will leave you with a hilarious poem that a dear colleague of mine shared with me recently.

If this or any other posts on the website were useful to you, and your financial situation permits it, please consider contributing to my tip jar. Ths allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.

Education, Illinois, Tips

What Illinois Secure Choice Retirement Means for Your Small Business or Non-Profit

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Click the image to watch an excellent 20-minute overview video of the IL Secure Choice Program.

There have been rumblings in the news for quite some time now about small businesses being required to provide retirement plans for their employees — but most owners seem to be turning a deaf ear, presuming that their small size exempts them from the requirement.

Not so! There is a phased-in approach to the State of Illinois’ new plan, and this November (2023) is going to catch a bunch of folks unprepared, as the requirements will extend to any business with five or more employees.

That probably means you — and if this sends you into a panic, no fear… we’re going to outline what the requirements are and will offer a couple of suggestions for getting into compliance.

What Is Illinois Secure Choice?

It’s a combination of legislation that requires most employers to offer a retirement plan to their employees — and a system that fills the gap for employers who do not currently offer retirement savings via payroll deductions.

In the words of the Illinois Department of Revenue, “Secure Choice is a program administered by the Illinois Secure Choice Savings Board for the purpose of providing a retirement savings option to private-sector employees in Illinois who lack access to an employer-sponsored plan.” Check out this excellent 20-minute video for an overview.

Enacted in 2015, the Illinois Secure Choice Savings Program Act has been phased in over many years, starting with companies with many employees, and working its way to those with very few staff by comparison.

Wave One began in 2018, and included employers with 500 or more employees. Wave Two, in 2019, included employers with 100‑499 employees, and another wave later that same year included employers with 25-99 employees. The deadline for wave Four — employers with 16 or more employees — was Nov. 1, 2022. The deadline for wave Five, employers with five or more employees, is Nov. 1, 2023.

Why Is Illinois Making Small Business Owners Do This?

Research has shown that Americans are 15 times more likely to save for retirement when it’s done through a payroll deduction at work. With more than 50% of us unprepared to retire when the time comes — even taking Social Security into account — the state decided that one way to address this problem would be to offer a program that helped the 40% of employers who do not offer a retirement plan a way to auto-enroll its team members into making payroll deductions into a Roth IRA.

Since it is estimated that most of us, when we retire, will need around 70-80% of pre-retirement income, the need to save is essential. The stress that it places on the social safety net when folks do not have sufficient funds to care for themselves after they stop working is enormous, so it’s not surprising that the state decided to facilitate individual savings through their workplaces.

It’s worth mentioning that the gap in retirement savings disproportionately affects workers at small businesses, lower-wage workers, people of color, and women. According to AARP, among businesses with 10-24 employees, nearly 59% of workers are not covered by a workplace retirement plan, and for businesses with fewer than 10 employees, that figure is nearly 73%.

Are Employees Being Forced To Save For Retirement?

No. Although the program starts with auto-enrollment, employees may opt-out (or back in) at any time, just like the majority of 401k plans out there. And as a reminder, the employer is able to offer their own 401k plan instead of IL Secure Choice; there is no obligation to participate in this particular program, as long as another qualified plan exists.

The default option for program participants is to enroll in a target-date Roth IRA with a 5 percent contribution rate. Participants can choose to change their contribution level or fund option at any time. Accounts are owned by individual participants and are portable from job-to-job.

Is The State of Illinois Going To Manage My Retirement Plan?

No. Investments are held in a separate trust outside the Illinois Treasury and are managed by private-sector investment managers. Acensus, a private-sector financial services firm, administers the program, which is overseen by a public board chaired by the Illinois State Treasurer. Each employee gets their own IRA account, which like any other IRA, belongs to them and is not associated with which employer or job they have.

As of January of this year, the program has hit the $100 Million mark in savings.

Does My Small Business Have to Participate?

If your company (or non-profit) has been in business for two or more years, has five or more employees, and does not already offer a qualified retirement plan, then you have two choices:

  • start offering a qualified retirement plan (more on that later); or,
  • participate in the Illinois Secure Choice program.

Supposedly, Illinois Secure Choice was not intended to replace or compete with traditional employer-sponsored qualified retirement plans, like 401(k), 403(b), SEP and SIMPLE programs. So if you’ve been thinking about starting one of those for your company — especially if you are interested in being able to sock away more retirement money for yourself than an IRA allows — this is the time to adopt a plan for your business, rather than signing up for IL Secure Choice.

That said, the fees and employer contributions involved in these types of plans can be prohibitive to many small businesses, which is one of the reasons the IL Secure Choice program was developed. The three “hurdles” that employers deal with that prevent them from having a retirement plan are 1) the administrative burden, 2) fees, and 3) fiduciary liability. The program was designed to reduce and, as much as possible, eliminate these concerns.

What Do Employers Need To Do To Comply?

Employers need to do the following:

  1. Choose whether to establish a qualified retirement plan or facilitate IL Secure Choice.
  2. Register your organization at employer.ilsecurechoice.com by the state-required deadline (or note that you are exempt because you already have a qualifying plan). All employers should receive a “welcome notification” email or letter with an Access Code; use this to register or inform them of your exemption.
  3. If facilitating IL Secure Choice:
    • set up account portal
    • submit and maintain employee roster
    • submit employee contributions every pay period
    • keep employee lists up-to-date
    • reconcile the employee contributions liability account each month and annually (to make sure the correct amounts have been both withheld and submitted)

Why Would We Choose To Sponsor A Qualified Retirement Plan (401k/403b) Instead of Illinois Secure Choice?

Our company, like many others, has chosen to offer a 401(k) plan instead of IL Secure Choice. Why?

  1. We are fans of increasing our own retirement contribution limits well beyond what can be saved with an IRA-based plan like IL Secure Choice (generally $6,500);
  2. The competitive advantage of offering a plan that includes employer contributions (not allowed with IL Secure Choice) is significant in our field of work;
  3. Guideline’s use of Vanguard “Admiral Shares” means we get the lowest expense ratio in the industry;
  4. The SECURE 2.0 Act offers tax credits of up to $15,000 over three years, to offset costs of setting up and contributing to the plan (!!!); and,
  5. We love the ease of not having to maintain employee lists or submit contributions (more on this below).

With Gusto, our preferred payroll provider (my referral link gets you $100 or more when you run your first payroll), and Guideline, our preferred retirement plan, the two systems sync with each other, so there’s no need to maintain employee lists or submit contributions — it all happens automatically. This is a huge administrative burden lifted for us. (Plus, our clients receive the first five months of Guideline fees free of charge, so that’s an added bonus.) This alone certainly isn’t worth it for your company when deciding which path to choose, but if you’re also eager to increase your own retirement contributions as a business owner, and to distinguish yourselves as a desirable employer in a competitive labor market, then in my opinion, it’s a no-brainer.

https://storage.googleapis.com/www.guideline.com/public-assets/outreach/State%20Mandate%20-%20IL%20-%202023.pdf

What Happens If I Missed The Deadline?

This came up in the Q&A in my state rep’s presentation (see the bottom of this post for the link), and the response was that although by statute, penalties can certainly be assessed, the goal is not to punish employers who are trying to do the right thing. Right now they are focused on outreach, education, and trying to ensure they are reaching employers who are required to comply. As long as you register as soon as you discover that you missed the deadline, you should be fine. Otherwise, employers that do not comply could face penalties of $250 per employee for the first year and $500 per employee for each subsequent year.

What Options Do My Employees Have For Investing?

Lots. And they’re good — the board who developed this program really was thoughtful in their design. To learn more, please watch the video I referenced at the beginning of the post, as this is meant to be a guide for employers who are trying to suss out their requirements. If you’ve already decided to go for it and facilitate the IL Secure Choice Plan, then you should definitely watch the video to learn more. It’s only 20 minutes long, you can do it!

How Do I Onboard And Submit Contributions?

Again, this blog post is meant to help employers sort out their requirements and get their bearings. To learn how it all works, please watch the 20-minute video referenced at the beginning of the post. (Honestly, if you can’t even watch a short video, then you’re really not going to like the administrative overhead of facilitating the program, and might want to consider going with the Gusto/Guideline combo I mentioned earlier.)

Where Can I Learn More?

The FAQ on the Illinois Secure Choice website is astounding in its comprehensiveness. Check it out. If you have a question, someone has likely already answered it there.

Additionally, there are these handy downloadable Program Resources:
– Employer Overview
– Eligibility and Rollout
– Communication To Your Employees

As well as an excellent DIY Step-By-Step Guide for Employers.

They also offer these resources:

And if that all wasn’t enough for you, check out the most excellent version of this same presentation that was offered by my state rep’s office in December of 2022. It’s the same presenters of the slideshow portion as above, but there are also other participants that offer more context, and a very long and informative Q&A. They’ve granted me permission to share it here, and you can use passcode Vd*Uqgn2 to view or download the zoom recording.

Click the image above to access a zoom recording of the IL Secure Choice webinar — Passcode: Vd*Uqgn2

They truly did a great job with both the presentation and the Q&A and I encourage you to watch the whole thing while you’re reviewing the program details on the IL Secure Choice website.

Good luck navigating the system (if you are one of our clients — please reach out and we’ll help you), and congratulations on helping your employees save for retirement!

If this or any other posts on the website were useful to you, and your financial situation permits it, please consider contributing to my tip jar. Ths allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.

Education, Illinois, Tips

Important Changes for Chicago Businesses As Of July 1, 2022

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Chicago’s Minimum Wage Increase, Fair Workweek Changes, and Sexual Harassment Laws Enhancements — and a Chicago Sick Pay Reminder

The City of Chicago’s fiscal year runs from July 1-June 30, so most changes tend to take effect at the beginning of the “new year”. This year is no exception — and there’s a lot that has changed. The Chicago Department of Business Affairs and Consumer Protection (BACP) released this information recently, much of which affects small business owners in the city.

Minimum Wage Increase

The annual scheduled increase in Chicago’s minimum wage goes into effect on Friday, July 1, 2022. The Chicago minimum wage is tiered for large businesses with 21 or more employees, and small businesses with 4-20 employees. Since reaching $15 per hour in 2021, the minimum wage for larger employees increases annually according to the Consumer Price Index or 2.5%, whichever is lower. The minimum wage for small businesses continues to increase towards $15 per hour by 2023.

As of July 1, 2022, the Chicago minimum wage will be:

  •  $15.40 for employers with 21 or more employees (including all domestic workers, regardless of the number employed)
  • $14.50 for employers with 4-20 employees
  • The minimum wage for tipped employees will be $9.24 for employers with 21 or more employees, and $8.70 for employers with 4-20 employees (employers must make up the difference between any tips received and the applicable minimum wage for non-tipped workers.)
  • Anyone age 24 or younger employed by, or engaged in employment coordinated by, a nonprofit organization or government agency will see a minimum wage increase to $12.00.

Employers that maintain a business facility within the City of Chicago or are required to obtain a business license to operate in the City are required to pay their employees at least the Chicago minimum wage. Additionally, any employee that works two hours or more in the City within a two-week period must also receive at least the Chicago minimum wage.

Chicago BACP recently presented a free hour-long webinar called “Employer Responsibilities Under Chicago’s Minimum Wage Ordinance”, available here.

Fair Workweek Ordinance Changes

 As of July 1, 2022, scheduled enhancements to the Fair Workweek Ordinance will require:

  • Employers in “covered industries ” (see below) to post work schedules with at least 14 days’ notice, an increase from the previous 10 days’ notice.
  • Employees will need to earn less than $29.35 per hour or $56,381.85 per year to gain protection under the Fair Workweek Ordinance.
  • Covered industries include building services, healthcare, hotel, manufacturing, restaurant, retail, or warehouse services.

Chicago businesses are required to post the Minimum Wage Notice and Fair Workweek Notice at their business. The notices will be available to workers and business owners in English, Spanish, Polish, Simplified Chinese, Tagalog, and Korean by July 1, 2022. Employers that violate the minimum wage ordinance can be fined $500 to $1,000 per day for each offense. 

Chicago BACP recently presented a free hour-long webinar called “Employer Responsibilities Under Chicago’s Fair Workweek Ordinance”, available here.

Sexual Harassment Law Updates

As of July 1, 2022, all employers in the city of Chicago must have a written policy on sexual harassment. Additionally, employers are required to display a public notice advising of the prohibition on sexual harassment where employees can see it, and there are increased training requirements. A model policy, written notice, and training templates are available by visiting Chicago.gov/SexualHarassment.

Recent updates to the law include:

  • Adding sexual misconduct to the definition. Sexual misconduct is defined as any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individual’s employment position.
  • Requiring all employers to have a written policy on sexual harassment. The written policy must be available in the employee’s primary language within the first calendar week of starting employment.
  • Requiring all employers to post a written notice on sexual harassment.
  • Increasing the statute of limitations from 300 to 365 days.
  • Create flexibility to notify a respondent up to 30 days from the time of complaint (compared to 10 days currently), to mitigate any retaliation such as denial of a reasonable accommodation request.
  • Requiring additional annual training for all employees including the one hour of prevention training aligned with State requirements and one hour of bystander intervention. Supervisors and managers are required to have an additional one hour of training.
  • Increasing the penalty for individuals or businesses that participate in discriminatory practices in the workplace including sexual harassment. The penalty is increasing from $500 – $1,000 per violation to $5,000 – $10,000.

The Chicago Commission on Human Relations (CCHR) recently presented a 20-minute video update in collaboration with BACP, available here.

Reminder: Sick Pay Responsibilities

It seems not all small business owners are aware of the responsibility to provide Chicago workers paid sick leave. It applies to any business or individual that employs at least one “employee” and has a facility within Chicago’s city limits (though Cook County now has a similar requirement). The term “employee” covers anyone who works at least 80 hours within a 120-day period (20 hours a month).
– For hourly employees, paid sick leave accrues at one-hour for every 40 hours worked. Salaried-exempt employees are presumed to have worked 40 hours/week.
– Employees are capped at accruing a total of 40 hours of sick leave each year, unless the employer opts to set a higher limit.
– Employers must permit employees to carry over half of their accrued leave, to a maximum of 20 hours of unused sick leave each year (40 for employers with 50 or more employees).
– Employers are not required to pay out any accrued but unused sick leave upon employment termination.

In an attempt to drive this point home, I recently revisited my previous blog posts on the topic, and these were the three resources that seemed most helpful, which I encourage all employers to watch/read:
1) BACP Webinar: Paid Sick Leave Overview – YouTube
2) Think Your PTO Policy Complies With the Chicago or Cook County Paid Sick Leave Ordinances? Think Again. | Bryan Cave Leighton Paisner – JDSupra
3) Paid Sick Leave Enhancements: Chicago workers are guaranteed one hour of paid sick leave for every 40 hours worked. Starting August 1, 2021, the possible uses for that paid sick leave will be expanded to include caring for a family member with a closed school or place of care, compliance with public health orders, and mental and behavioral health.

In case it’s helpful, those resources were highlighted in these blog posts:
– Year-End Reminders For Chicago Businesses | The Dancing Accountant
– April 2021 FREE Small Business Webinars – City of Chicago | The Dancing Accountant
– BACP Updates | Chi Biz Strong Initiative | The Dancing Accountant

Even the least expensive version of Gusto Payroll allows for a sick pay plan, and it’s not hard to set up and track (see instructions here).

Reminder that if you sign up and run Gusto using my link, you’ll get a free trial period… and after running your first payroll you’ll receive a $100 Visa gift card! My clients instead will receive a 15% discount for the life of the plan.

And a final point: all Chicago worker protections are enforced by the BACP Office of Labor Standards (OLS). The OLS is dedicated to promoting and enforcing Chicago’s labor laws, including Minimum Wage, Paid Sick Leave, Fair Workweek, and Wage Theft Ordinance. The BACP OLS webpage offers informational materials on Chicago’s Labor Standards Laws.

If this or any other posts on the website were useful to you, and your financial situation permits it, please consider contributing to my tip jar. Ths allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.

COVID-19 Financial Relief, Education, IRS, Tips

IRS Finally Issues Guidance On Employee Retention Credit (ERC)

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It finally happened… the IRS released long-awaited guidance on the Employee Retention Credit (ERC):
• August 4 – Notice 2021-49 and accompanying IR-2021-165
• August 10 – Rev. Proc. 2021-33

Some major questions were answered:
• Whether wages of more than 50% shareholders and their spouses are considered qualified wages for the purpose of the credit.
(Mostly “no”, unless you’re an orphan with no living siblings or kids. Much frustration abounds — more on this later.)
• Whether cash tips are included in qualified wages.
(Yes. Good news!)
• Whether full-time employees or full-time equivalent employees should be used to calculate the number of employees to determine whether a business is a small or large eligible employer.
(Head-count, not FTEs. Good news again!)
• Timing of the wage deduction disallowance.
(Must be on 2020 tax return, so amend if already filed.)
• Does gross receipts for ERC include PPP, SVOG, RRF?
(Mostly “no”, as long as you treat them consistently. More good news!)

They also released rules on changes made to the ERC by the American Rescue Plan Act (ARPA) regarding:
• Recovery Start-up Business
• Severely Financially Distressed Employer

There were other significant updates to the ERC as well, including clarifications as to:
• If an employer may claim both the ERC and the Internal Revenue Code Section 45B “Tip Tax Credit” that applies to food and beverage workers.
(YES! You can double-dip. Truly shocking, and good news.)
• Instructions on amending filed income tax returns returns after receiving the ERC.

Thankfully, the AICPA shared numerous resources on these in this week’s Town Hall — I strongly recommend viewing the AICPA TV session called “Employee Retention Credit: Your Questions Answered”. In this video, Kristin Esposito and April Walker review the IRS notice and explain guidance on the common questions listed above.

Additionally, AICPA released two Tax Adviser Articles:
• Guidance on claiming ERC
• New safe harbor for ERC gross receipts calculation

They are also putting together a panel of practitioners for a September Town Hall, to discuss how each is dealing with client returns based on this new guidance.

In addition to all the AICPA goodies, our go-to legal resource, Alan Gassman and Brandon Ketron recorded a “PPP and ERC Update” video on August 7th that explores (and vents) Notice 2021-49 (it was recorded prior to Rev. Proc 2021-33, so there’s no reference to the fact that PPP, SVOG, and RRF receipts are not included in gross income for ERC qualification purposes).

Which is a good segue to circle back to the frustration derived from the IRS’s “letter of the law” guidance. The basic idea is that if owners have any living relatives (regardless of association with the business), their wages do not qualify for ERC — but those of an orphan with no siblings or offspring would. Unsurprisingly, this didn’t go over well in the accounting and legal communities:

NCCPAP blasts IRS guidance on Employee Retention Credit | Accounting Today

Newly Issued Employee Retention Credit Guidance Punishes Owner Employees If They Have Living Family Members | Forbes

Practitioners call for fixes to the Employee Retention Credit | Accounting Today

IRS Issues Additional Guidance for Claiming the Employee Retention Tax Credit | Gould & Ratner LLP – JDSupra

I suspect the IRS is attempting to force Congress’s hand by taking the sloppily-written legislation at face value and therefore releasing a ridiculous literal interpretation they know could not have been intended. But without sufficient administrative authority to read their own preferences into it, the IRS has now put Congress in a position to have to release new legislation to explicitly spell out their original intent. Will this happen anytime soon? Do we hold off on filing client 941-X returns in the meantime? Or is Congress too busy to right this wrong?

We’ll be mulling these questions over in the next few weeks, with the intention of making a game-time call with enough time to get our September 15th extended business tax returns filed.

If this or any other posts on the website were useful to you, and your financial situation permits it, please consider contributing to my tip jar. Ths allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.

COVID-19 Financial Relief, Illinois, Tips

BACP Updates | Chi Biz Strong Initiative

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City of Chicago :: Business Affairs and Consumer Protection

From the Chicago Department of Business Affairs and Consumer Protection, an update on the myriad changes that Chicago’s City Council made when they recently passed the Chi Biz Strong Initiative — many of which affect small business owners in our city. The list is arranged by the date the legislation is effective.

Note: We have no formal relationship with BACP — just sharing this info as a public service.

July 9, 2021

Dear Chicagoan,

BACP is pleased to announce that Chicago’s City Council passed the Chi Biz Strong Initiative on June 25, 2021. This bold legislative package contains a number of initiatives to help jumpstart our recovery from the COVID-19 pandemic and set our businesses, workers and consumers on the path towards a stronger future. Below you will find an overview of the effective dates and important details for businesses on the various pieces of this broad legislation. BACP will share more information as the effective dates approach, and please do not hesitate to email bacpoutreach@cityofchicago.org with any questions.

Effective June 26, 2021:
Extension of Third-Party Delivery Fee Caps: During the COVID-19 pandemic, the City instituted a 15% cap on fees that Third-Party Delivery Companies can charge restaurants. This fee cap has been extended until 180 days after all indoor dining restrictions are lifted – December 8, 2021 if current regulations remain in place. See here for an industry notice.
Extension of Legalized Cocktails To-Go: Last year, the sale of cocktails-to-go was temporarily legalized to support bars and restaurants during the pandemic. The State of Illinois recently extended this legalization until 2024, and the Chi Biz Strong Initiative ensures that the sale of cocktails to-go from a business with a Tavern or Consumption on Premises-Incidental Activity license remains legal in Chicago during that time. Additionally, this measure allows these businesses to also sell single-serve wine to-go. See here for more information on cocktails to-go.
New Package Goods Operating Hours: No establishment that holds a Package Goods License shall sell, permit to be sold or give away any alcoholic liquor between the hours of 12:00 a.m. and 7:00 a.m. on Mondays through Saturdays and between the hours of 12:00 a.m. and 11:00 a.m. on Sundays, except that a supermarket may commence the sale of package goods at 8:00 a.m. on Sundays. Please see here an industry notice on the new hours of operation for Package Goods Licensees.
Hospitality Reforms: In order to reduce red tape for the hospitality industry and align with state regulations, the term for a special event liquor permits has been extended from 11 to 15 days. Additionally, the requirements for entrepreneurs to receive a liquor or Public Place of Amusement License have been modernized to reduce barriers to entry for returning residents.
Extension of Sidewalk Café Operating Hours: Retail Food Licensees with a Sidewalk Café Permit can now begin operating at 7:00 am, one hour earlier than previous requirements.
Flavored Tobacco Regulations: The sale of flavored tobacco is prohibited in Chicago. This regulation has been clarified to make it clear that the cigarette wrapping paper or wrapping leaf cannot be flavored, even if it does not contain nicotine.

Effective July 31, 2021:
Wage Theft Protections: Almost $400 million in wages are stolen from Chicagoland workers by bad-faith employers every year. Chicago’s first Wage Theft Ordinance will give Chicago’s Office of Labor Standards the authority to hold business accountable for the non-payment of wages required for work performed, with potential violations ranging up to $1,000 per offense per day.
Expedited Restaurant Licensing: 
The City is making it easier for new restaurants to open in previously licensed restaurant spaces, provided that the previous restaurant had recently passed an inspection. Beginning July 31, new Retail Food Licenses can be issued by BACP to new restaurants prior to the completion of a health inspection, provided that the previous restaurant had passed their most recent health inspection on or after July 1, 2018 and that other conditions are met to ensure that food is prepared safely.
Fair Marketplace Reforms: Any “Third-Party Facilitator” that connects customers with clients via a digital application will be required to make sure that their clients are properly licensed.

Effective August 1, 2021:
$15 Minimum Wage for Domestic Workers: Effective August 1, 2021, all Chicago domestic workers will be guaranteed a $15.00 per hour minimum wage, no matter the size of their employer. This ensures that domestic workers have access to the full minimum wage earlier than had been previously guaranteed.
Paid Sick Leave Enhancements: Chicago workers are guaranteed one hour of paid sick leave for every 40 hours worked. Starting August 1, the possible uses for that paid sick leave will be expanded to include caring for a family member with a closed school or place of care, compliance with public health orders, and mental and behavioral health.
Chain Business Workers: This initiative will ensure that chain business workers are paid the minimum wage that they are guaranteed under the Minimum Wage Ordinance by clarifying that all workers at a chain business count towards the size of the business.
Public Vehicle Reforms: The public vehicle industry, especially taxicabs, have been hit hard by the COVID-19 pandemic. In order to support the industry, the City will increase vehicle utilization by allowing taxicabs to stay on the road longer – up to fifteen years for fuel efficient or wheelchair accessible vehicles, and up to ten years for all other taxicabs. Additionally, the requirements for individuals to become public chauffeurs will be modernized to reduce barriers to entry.
Charter Bus Reforms: The City will maintain public safety and continue to require charter buses with 15 or more passengers which allow drinking onboard (including BYOB) to secure a separate security guard. Also, trips without any scheduled stops (mobile social clubs) will also need separate security guards. All other charter bus trips with 15 or more passengers will require the driver or someone else on board to be trained in safety protocols to ensure the safety of the passengers. All trips transporting 15 or more passengers must maintain a plan of operation ensuring passenger, driver, and public safety.
New Low-Speed Electric Public Vehicle License: The City will create a new license to promote operation of environmental friendly and sustainable electric public passenger vehicles, three or four wheeled. These vehicles must be powered by an electric motor with a maximum speed of 30 miles per hour may legally transport passengers for hire, with solicitation of rides prohibited. Full licensing details will be available on the BACP website.

Effective January 1, 2022:
Contract Requirement for Domestic Workers: Care workers have been hard-hit by the pandemic and face high rates of exploitation. Beginning in 2022, all domestic workers must be provided with a written contract that sets forth their wage and work schedule to ensure accountability, transparency and predictability. More details will be shared as the effective date approaches.

Effective March 1, 2022:
Legalized Sidewalk Signs: Currently, A-Frame, T-Frame or other temporary self-supporting sidewalk signs are prohibited. Beginning next March, businesses will for the first time be able to receive a low-fee permit allowing them to advertise their business legally with a sidewalk sign. More information will be shared as the effective date approaches. 
City of Chicago :: Chi Biz Strong Initiative

If this or any other posts on the website were useful to you, and your financial situation permits it, please consider contributing to my tip jar. Ths allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.

COVID-19 Financial Relief, Education, Tips

Covid-19 Sick & Family Leave Credits For Employers Extended Through 9/30/21 & Expanded

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The American Rescue Plan Act (ARPA), just recently signed into law, offers many generous tweaks to federal programs for employers trying to take care of their staff, and for former employees. There are six in particular every employer should research on their own behalf and for the benefit of workers:

  1. Paid Sick & Family Leave
  2. COBRA Subsidies
  3. Dependent Care FSAs
  4. Employee Retention Credit
  5. Short-Time Compensation
  6. Unemployment Insurance

The Department of Labor will be issuing regulations or other guidance regarding these changes to the FFCRA.

Ellen M. Bronchetti & Syed H. Mannan of McDermott Will & Emery have done an excellent job summarizing these updates in this article. I’m including their sections on Paid Sick & Family Leave as well as COBRA Subsidies almost in their entirety — as no amount of summarizing seems to do them justice. I’ve included additional information on the COBRA Subsidies from L. Renee Lieux of McNees Wallace & Nurick.

Homework: Fox Rothschild has a nice Guide For Employers to the American Rescue Plan Act — it’s a good place to start digging into all the provisions.

Paid Sick & Family Leave

Under the previously passed Families First Coronavirus Response Act (FFCRA), companies with fewer than 500 employees were required to provide paid leave to employees who were unable to come to work for a number of Covid-19 related reasons. FFCRA provided employers a refundable tax credit, which would offset for employers the costs of providing the paid leaves.

The requirement to provide paid leave expired for employers with fewer than 500 employees at the end of last year. But employers can still voluntarily choose to provide FFCRA paid sick or paid family leave to employees and receive refundable tax credits for costs related to providing the leave through March 31, 2021.

This is a great value for staff and to employers, and helps keep customers and the community safer as well.

With the passage of the American Rescue Plan Act of 2021, employers should note the following additions and changes:

  • Refundable Tax Credits Available through September 30, 2021: Employers who choose to voluntarily provide FFCRA paid sick or paid family leave may now receive refundable tax credits through September 30, 2021.
  • Additional Covered Reasons for Providing Paid Sick Leave:
    Previously under the FFCRA, qualifying reasons for providing paid sick time were limited to if the employee is unable to work (or telework) because (s)he:
    (1) is subject to a federal, state or local quarantine or isolation related to Covid-19;
    (2) has been advised by a healthcare provider to self-quarantine;
    (3) is experiencing Covid-19 symptoms and seeking a diagnosis;
    (4) is caring for an individual who is subject to quarantine or is self-quarantining;
    (5) is caring for a child whose school or place of care is closed (or child care provider is unavailable) because of Covid-19; or,
    (6) is experiencing any other substantially similar condition specified by the US Secretary of Health and Human Services.

    ARPA expands on the list and now allows employers to provide leave to employees for three additional reasons:
    (1) obtaining a Covid-19 immunization;
    (2) recovering from an injury, disability, illness or condition related to the immunization; or,
    (3) seeking or awaiting the result of a Covid-19 test or diagnosis when the employee has either been exposed to Covid-19 or the employer has requested the test or diagnosis.
  • Additional Covered Reasons for Providing Paid Family Leave: The scope of reasons for providing emergency family leave is now expanded. Originally, tax credits were available to employers for providing paid family leave only if the employee was unable to work (or telework) to care for a child whose school or place of care was closed or unavailable because of the public health emergency. Now, employers can claim tax credits for providing family leave which arises from any of the six qualifying reasons provided for in the FFCRA and the additional three reasons added under ARPA (noted above).
  • Duration of Paid Sick and Family Leave for Receiving Tax Credits: ARPA allows employers to receive the tax credit for providing up to 10 days of paid sick leave beginning on April 1, 2021, even if the employer previously took a tax credit for providing paid sick leave to an employee for a covered reason before April 1, 2021. In addition, employers can receive a tax credit for providing up to 12 weeks of paid family leave. In other words, the clock sort of “re-sets” on sick and family leave.
  • Amount of Tax Credits Available for Paid Sick Leave: Employers providing voluntary paid sick leave receive a tax credit, up to a cap of $511 a day, at the employee’s regular rate of pay if the employee is on leave because of coronavirus quarantine, self-quarantine or has symptoms. ARPA now includes the additional covered reasons (discussed above) for receiving tax credits at the employee’s regular rate of pay. For any other paid sick leave reason, the amount of tax credit available to an employer is calculated at two-thirds the employee’s regular rate of pay and capped at $200 a day.
  • Amount of Tax Credits Available for Paid Family Leave: Employers providing paid family leave receive a tax credit, up to a cap of $200 a day, at two-thirds the employee’s regular rate of pay for leave which is due to any of the covered reasons for providing paid family leave. ARPA also removes the two-week waiting period (during which the leave was unpaid) for taking paid emergency family leave. The Act also increases the cap on the aggregate paid leave from $10,000 to $12,000, meaning employers can now take an additional $2,000 in tax credits per employee for providing qualifying leave.
  • Addition of Non-Discrimination Rules: Employers who are voluntarily providing leave and receiving tax credits must also follow the new non-discrimination rule. The anti-discrimination rule makes the tax credit available only to those employers who provide leave to all employees without discriminating against certain categories of workers. Specifically, the tax credit is not available to those employers who discriminate (1) in favor of highly compensated employees, (2) full-time employees or (3) on the basis of the employment tenure of the employee.

Cobra Subsidies

Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage allows employees to continue to remain covered under their employer’s health insurance for up to 18 months after coverage is lost because of a reduction in work hours or the employee’s involuntary termination of employment.

Prior to ARPA, workers and dependents assumed full responsibility for payment of premiums. ARPA now provides up to six months of 100% subsidized COBRA coverage to those who are eligible for COBRA because of an involuntary termination from employment or a reduction in work hours. The premium subsidy will last from April 1, 2021, through September 30, 2021, and sponsors of group health plans will be subject to new notice requirements. Employers will receive reimbursements for the subsidy through a payroll tax credit.

Employers must provide three notices to eligible former employees notifying them of the premium subsidy, the extended opportunity to elect coverage, and when the premium subsidy will be terminated.

In addition, employers may, at their option, allow former employees who are currently electing COBRA to elect coverage under a different plan offered by the employer as long as (i) the premium for the new coverage does not exceed the premium for the current coverage, (ii) the new coverage is not an excepted benefit, a QSEHRA, or a FSA, and (iii) the employee did not voluntarily terminate employment.

If this or any other posts on the website were useful to you, and your financial situation permits it, please consider contributing to my tip jar. Ths allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.

COVID-19 Financial Relief, Education, IRS, Software, Tips

How To Look Up The Employee Retention Tax Credit (ERC) In Gusto Payroll

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The newest Covid-19 financial relief package was finally signed, and one of the big features is that the Employee Retention Tax Credit (ERC or ERTC) was made available to many businesses that previously were not allowed to claim it, most notably those who accepted PPP loans.

For a wonderful in-depth explanation of the Employee Retention Tax Credit, please see Tony Nitti’s two-part Forbes article:
– Breaking Down Changes To The Employee Retention Tax Credit In The New Covid Relief Bill, Part 1
– Breaking Down The Changes To The Employee Retention Credit In The New COVID Relief Bill, Part 2
– Part 2 also links to an earlier article of his that goes thorough the details of calculating the ERC according to the 2020 rules.

To summarize the ERC:
• 50% refundable payroll tax credit on qualified wages paid between 3/13/2020 and 12/31/2020
• Claimed on quarterly payroll tax Form 941
• Qualify for quarters with full or partial shutdown due to government order =OR= 50% decline in gross receipts from prior quarter
• Maximum qualified wages of $10,000 per employee during tax year 2020 period
• For employers with 100 or fewer employees, all wages paid are “qualified wages” (different rules for larger employers)
• PPP loan recipients were previously ineligible

Changes retroactive to 3/13/2020:
• PPP loan recipients can use the credit for wages not paid for with forgiven PPP loan proceeds (no overlap)
• Group health plan expenses are considered qualified wages even if no other wages were paid to employee

And the reason for this post — the employer can elect to treat newly creditable wages as paid in the quarter that includes the date of enactment of the Act (4Q 2020) if employment tax returns for prior quarters were already filed prior to the enactment of the Act.

The ERC is also being extended and expanded — but that’s beyond the scope of this blog post. A quick summary of what’s to come:
The credit availability is extended to wages paid through 6/30/2021 and the following changes will apply:
• Credit rate increases from 50% to 70%
• Maximum creditable wages increases to $10,000 per employee per quarter
• For employers with 500 or fewer employees, all wages paid are qualified wages
• Qualifying gross receipts decline from prior year quarter reduced to 20% instead of 50%
– Employer can elect to compare to immediately preceding quarter
– Employers not in existence for all or part of 2019 can use the credit

But the point here is that the old ERC is now available to any qualifying employers who had either a 50% reduction in gross revenue or were fully or partially shut down by government order — even if they received PPP funds. They just can’t double-dip on the payroll costs that were claimed for PPP forgiveness. And so for these employers, any remaining (non-PPP) payroll costs from 3/13-12/31/20 can now be claimed on the fourth-quarter payroll tax Form 941 and 50% of up to $10,000 per employee will be credited back to them. This is not small change for some employers!

The problem, of course, is that we have to act fast — the fourth-quarter 941 forms will be filed in a matter of a week or so, depending on your payroll company. They are all scrambling to find a way for us to report which wages are eligible… but in the meantime we need to get our clients ready.

The first step is to determine which clients are already taking the credit.

There are many fine payroll companies out there (actually, there aren’t), and Gusto is hands-down my favorite, and that of many of my colleagues. (And if you use my referral link you’ll get a $100 gift card when you run your first payroll by January 31. If you’re a bookkeeper or accountant wanting to switch your clients to Gusto, this referral link will get you a $500 gift card.)

So I’ve written up instructions with screen shots on how to look up which clients of yours using this system are already claiming the ERC. Once you know this, you can then 1) reach out to them to let them know they can now apply for the PPP, and 2) reach out to the ones who haven’t to let them know they might qualify.

Step One: log into your Gusto Accountant dashboard.
Step Two: click on “Clients” in the upper-left to see a list of your clients.
Step Three: you’ll need to click into each client and perform the following steps.

  1. Click “Covid-19” in the upper-left.
  2. Scroll past the new notice about the Consolidated Appropriations Act (see screenshot at top of blog post).
  3. There are a bunch of blocks of info on the different programs for which the client might be eligible. Click the “Claim credit” button for the Employee Retention Tax Credit.

4. You will see one of two screens — either it will say “You’re currently receiving the employee retention tax credit” or it won’t.

This is what it looks like if your client is already receiving it:

And this is what it looks like if they’re not:

If they’re not, and you’ve determined that they qualify (50% reduction of gross revenues over the same quarter in the prior year =OR= full/partial shutdown by the government), then click the button at the bottom of the screen to claim the credit and you’ll come to this screen next.

You’ll need to know the quarter in which they became eligible and had wages that qualified for the credit.

Once gross revenues climb back up to 80% of what the same-quarter prior-year revenues were, the client ceases to qualify and must stop taking the credit.

Again, remember that this is to claim wages paid from 3/13-12/31/20 (that were not paid for with PPP funds) on your fourth-quarter payroll tax Form 941. We do not yet know how Gusto (or any of the other payroll companies) will process this information, but given how soon they will need to be filed, it’s essential that we get our clients ready as quickly as possible, and this is Step Two — finding out if they’re already claiming it or not.

(In case it’s not obvious: Step One is determining if they qualify. We’re going through all our clients’ QuickBooks files to review for a 50% drop in gross revenue and then reaching out to clients accordingly, after determining whether they have taken the ERC already or not.)

Good luck!

If this or any other posts on the website were useful to you, and your financial situation permits it, please consider contributing to my tip jar. This allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.

COVID-19 Financial Relief, Illinois, Tips

Illinois – No More Snail Mail for Unemployment Claim Notifications

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Big news from the Illinois Department of Employment Security (IDES).

Two big pieces of info:

  1. Employers will no longer receive paper copies of snail mail notices — this may not sound like a big deal, but it’s huge. Employers only have 10 days to contest an employee’s potentially false unemployment claim. Often quite a few of these days have unfortunately already passed by the time the snail mail notice arrives. So although in theory this is a good move, it requires employers to regularly check their MyTaxIllinois account — potentially every few days, since there’s no other way to know when a former employee (who may have departed months ago) has made a claim.
  2. For now, #1 above isn’t that big a deal, inasmuch as for the meanwhile, IDES is going to presume that all claims are COVID-19 pandemic-related, unless the employer says otherwise. And as such, the employer unemployment tax rate will not be increased based on these charges. But when they decide to go back to letting unemployment claims affect the employer’s experience rating, this is going to be a huge problem, as most employers will not notice the claims in time to respond to those that should be challenged.

I see an opportunity for a business that monitors each employer’s MyTaxIllinois account for claims submitted, and alerts the employer immediately in case they would like to challenge the claim. Let me know in the comments if you find anyone offering this service. In the meantime, employers should actively check the IDES section of their account on MyTaxIllinois.

If this or any other posts on the website were useful to you, and your financial situation permits it, please consider contributing to my tip jar. This allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.