The ERC was created as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of March 2020, and has since been updated and adjusted by subsequent legislation, including the Relief Act, the American Rescue Plan Act (ARPA) of 2021, and the Infrastructure Investment and Jobs Act (IIJA).
CARES Act – 2020
The CARES Act, or the Coronavirus Aid, Relief, and Economic Security Act, was a significant piece of legislation passed by the U.S. Congress in March 2020 in response to the economic challenges and public health crisis caused by the COVID-19 pandemic. The CARES Act aimed to provide financial relief to individuals, businesses, healthcare providers, and state and local governments.
Some of the provisions of the Act included stimulus payments, expanded unemployment benefits, the delay of payroll taxes, healthcare funding and the creation of the Paycheck Protection Program (PPP) and the Employee Retention Credit (ERC).
Consolidated Appropriations Act – 2021
The Consolidated Appropriations Act, 2021, often referred to as the CAA 2021, was signed into law on December 27, 2020. It included various provisions aimed at addressing the ongoing economic challenges related to the COVID-19 pandemic, including the extension of the Paycheck Protection Program (PPP) and the Employee Retention Credit (ERC).
American Rescue Plan Act – 2021
The American Rescue Plan Act (ARPA) of 2021 was signed into law on March 11, 2021, and continued to expand the government’s response to the ongoing economic challenges resulting from the COVID-19 pandemic.
The Act added a number of new programs, including the Child Tax Credit (CTC) expansion, new state and local government aid, COBRA premium assistance, housing assistance, and further funding of the Paycheck Protection Program (PPP).
ARPA also extended the Employee Retention Credit through the end of 2021 and made several modifications, including increasing the credit rate and allowing certain small startup businesses to claim the credit.
Infrastructure Investment And Jobs Act – 2021
The Infrastructure Investment and Jobs Act (IIJA) was signed into law on November 15, 2021. The IIJA represents a significant bipartisan effort to invest in the country’s infrastructure in areas such as transportation, public transit, railways, broadband, water, energy, electric vehicle charging and climate mitigation.
The IIJA also dictated that an employer can no longer claim Employee Retention Credits (ERC) for wages that were paid after Sept. 30, 2021.