ERC in Florida: Ultimate FL Employee Retention Credit Guide

In today's challenging business landscape, owners face unparalleled demands. Amidst this, the IRS offers a lifeline—the Employee Retention Credit (ERC)—boosting workforce retention and financially assisting businesses that retained their staff during the COVID-19 pandemic.

But, are you ERC-ready? Uncertain about ERC Florida eligibility or calculation? Welcome to your ultimate ERC guide—condensing essentials into one resource. From criteria to calculations, our dedicated content equips you with a toolkit for this pivotal program.

For expert aid, explore our ERC attorneys page. Discover how our team ensures your success, especially if faced with an audit. Your journey matters, and we're here to champion your success.


Otherwise, join us to learn everything you need to know about the ERC in Florida...

What is the ERC deduction in Florida?

The ERC deduction in Florida is a refundable tax credit, strategically aiding COVID-19-impacted businesses. Qualifying Sunshine State businesses can claim 70% of wages between March 13, 2020, and December 31, 2021, up to $7,000 per employee per quarter.

Eligibility for the Florida ERC

For the ERC in Florida, employers, including tax-exempt organizations, meet the eligibility criteria if they operate a trade or business during 2020 and experienced either:

  • The full or partial suspension of the operation of their trade or business during any calendar quarter because of governmental orders related to COVID-19, limiting commerce, travel, or group meetings, or,
  • a significant decline in gross receipts.

Understanding a full or partial suspension of business activities is straightforward. Many companies faced such suspensions, and unfortunately, some remain closed in a financial limbo.

For companies operating at a loss, calculating gross receipts is crucial to fulfill ERC qualifications and attain Employee Retention Credit eligibility.

More On ERC Eligibility, Here!

ERC Florida calculation

The ERC Florida calculation is the same as it is for businesses nationally, but precision is paramount, no matter where you are in the country.

For 2021, the ERC calculation for businesses in Florida is a case of:

  1. Meeting financial setback criteria
  2. Maintaining a staff of under 500 employees
  3. Identifying qualifying wages
  4. Ensuring timely tax return filing

In Florida, ERTC credits are capped at $10,000 per employee per quarter, with the credit computed at 70% of eligible wages.

The ERC calculation for 2020 aligns with similar principles, although the rate is 50% instead of 70%. Notably, companies with over 100 employees in 2020 are ineligible for the FL ERC.

More On Calculating ERC, Here!

Employee Retention Credit Florida: The application

The Employee Retention Credit Florida application process involves eligible employers reporting their total qualified wages and linked health insurance costs for each quarter in their quarterly employment tax submissions.

Additionally, the ERC application centers around Form 941, commencing from the second quarter. The credit effectively deducts from the employer's share of Social Security tax, with excess amounts subject to standard refund protocols.

The refundable aspect of this provision distinctly eases the burden on businesses deeply affected by COVID-19 within the specific Florida framework.

More On Applying For ERC, Here!

PPP & the Florida Employee Retention Credit

The changes introduced by the Consolidated Appropriations Act also extend to the terms of PPP loans, which have implications for businesses in Florida.

In a news release, the IRS announced a shift in policy, allowing deductions for eligible expenses that lead to or are anticipated to lead to the forgiveness of a loan (covered loan) under the Paycheck Protection Program (PPP).

The prior directive that barred deductions for eligible expense payments linked to forgiven covered loans is now obsolete.

Consequently, Florida-based businesses can now claim both PPP and the Florida Employee Retention Credit together.

However, navigating this duality requires caution to avoid potential pitfalls, so be sure to check out our full ERC PPP guide.

More On ERC & PPP, Here!

ERC FL & nonprofits 

In Florida, the ERC for nonprofits widens the reach of employee retention tax credits to encompass nonprofit organizations, including churches, much like it does for traditional small businesses.

Nevertheless, determining eligibility criteria and maneuvering through regulations can be intricate.

ERC FL Nonprofits are required to meet eligibility conditions, encompassing the government mandate test and the gross receipts test.

For nonprofits, securing the Employee Retention Credit in Florida involves submitting Form 941-X and reporting the sum on Form 990. The credit value hinges on qualified wages and the employee count.

More On ERC For Nonprofits, Here!

Is the ERC taxable in Florida?

No, the ERC isn’t taxable in Florida. However, while ERC credits themselves aren't classified as taxable income, they can influence payroll deductions, consequently impacting your taxable earnings.

In addressing the question "Is ERC taxable income", it becomes crucial to grasp how the ERC interacts with taxable income for accurate reporting on pertinent tax forms like 1120-S and 1065.

The ERC's effect on Florida tax filings varies with factors like:

  • Credited amount
  • Yearly payroll deductions, and
  • Your business entity's classification

More On ERC & Taxable Income, Here!

Audits & the Florida ERC grant

When handling tax credits or deductions, it's vital to accurately apply for the Florida ERC grant in line with IRS directives.

Although the IRS has indicated the possibility of an ERC audit, there are measures you can implement to both prevent initial audits and be ready in case your Florida-based business faces one.

Hit the button below to check out our in-depth guide on this, in which we cover:

  1. Avoiding an audit
  2. Statute of limitations for ERC audit in Florida
  3. Steps to take upon receiving an audit notification

More On ERC Audits, Here!

Scams relating to the Florida ERC program

Instances of Employee Retention Credit scams are on the rise, with fraudsters employing diverse strategies to deceive businesses and exploit the Florida ERC program.

The IRS, acknowledging the prevalence of these scams, emphasizes the significance of tax adherence and exercising prudence when dealing with third-party entities.

Even though the ERC itself stands as a valid refundable tax credit, it's imperative to remain vigilant about the following prevalent scams:

  • Phone calls: Scammers contact employers via phone, making erroneous claims about ERC eligibility. They might sidestep governmental requirements and charge excessive fees for unnecessary services, regardless of the employer's qualification.
  • Collections: Fraudsters file ERC claims on businesses' behalf and retain a substantial portion of the credit for themselves.
  • Identity theft: They target businesses ineligible for the ERC, acquire sensitive data, and misuse stolen identities to deceitfully apply for the credit.

To steer clear of ERC scams, Florida businesses should:

  1. Collaborate with trusted tax professionals
  2. Verify eligibility
  3. Personally communicate with advisors
  4. Comprehend ERC prerequisites, and
  5. Exercise caution regarding unsolicited advice or impractical guarantees.

More On ERC Scams, Here!

How Brotman Law can help you

In the intricate landscape of Employee Retention Credits, staying aligned with dynamic tax regulations can pose challenges.

At Brotman Law, our adept ERC tax attorneys are primed to address these challenges, offering specialized guidance tailored to your business's unique requirements.

With our team's wealth of experience, we can aid you in comprehending ERC eligibility, enhancing your claims, and establishing defenses against potential scams.

We're committed to assisting you in fully leveraging the benefits of the Employee Retention Credit program while upholding your adherence to regulations.

Reach out to us today and tap into the dedicated support of our accomplished ERC tax attorney team, ensuring your Florida business is well-equipped to navigate this landscape effectively.


Final points on the Florida business ERC grant

Undoubtedly, the Florida business ERC grant offers substantial financial respite for businesses grappling with the impact of the COVID-19 pandemic, spanning across conventional enterprises and nonprofit organizations.

Navigating eligibility prerequisites and identifying qualified wages, however, can be intricate and contingent on the employer's scale.

Regrettably, vigilance is vital due to the prevalence of ongoing scams targeting the vulnerable.

To adeptly navigate these hurdles, connect with us. Our personalized assistance can aid in assessing eligibility, optimizing your credit, and shielding you from potential fraudulent activities.

Want To Learn More About The ERC?

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The US states we support through the ERC

Alabama Hawaii Massachusetts New Mexico South Dakota
Alaska Idaho Michigan New York Tennessee
Arizona Illinois Minnesota North Carolina Texas
Arkansas Indiana Mississippi North Dakota Utah
California Iowa Missouri Ohio Vermont
Colorado Kansas Montana Oklahoma Virginia
Connecticut Kentucky Nebraska Oregon Washington
Delaware Louisiana Nevada Pennsylvania West Virginia
Florida Maine New Hampshire Rhode Island Wisconsin
Georgia Maryland New Jersey South Carolina Wyoming


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