Families First Coronavirus Response Act enacted 18 March 2020 provides employers with less than 500 employees with a refundable tax credit to offset the cost of providing a worker with paid sick and family leave through 2020. The Act caps the amount of qualified sick leave wages taken into account for each employee at USD 511 per day for 10 work days. Similarly, the family leave credit offsets USD 200 per day of wages for employees who must care for a loved one or whose child is home because of a school or day care closing. Self-employed workers would also qualify for the same level of refundable sick and family leave tax credits to offset wages. Businesses can retain and access funds that they would have otherwise paid in the employer’s Social Security taxes. If those amounts are not sufficient to cover the cost of paid leave, employers can seek an expedited advance from the IRS by submitting a streamlined claim form. Employers with U.S. Small Business Administration Loans are not eligible for employee retention credit.
The Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) was enacted on 27 March 2020 in response to the pandemic. Among other provisions, there is a tax credit paid in general to citizens, the so-called 2020 Recovery Rebate Credit (RRC). While the RRC can be claimed on the 2020 tax return filed in 2021, an advance payment (Economic Impact Payment, EIP) of the credit was made in 2020 of USD 1 200 per taxpayer (USD 2 400 for married couples) plus USD 500 per child under age 17. While there is no cap on the RRC, it phases out at 5 percent of Adjusted Gross Income (AGI) in excess of USD 150 000 for married couples, USD 112 500 for head of household, and USD 75 000 for all other filers.
The CARES Act also delays the timing of required federal tax deposits for certain employer payroll taxes and self-employment taxes incurred between March 27, 2020 (the date of enactment) and December 31, 2020. Fifty percent of the deferred amount has to be paid by 31 December 2021 and the remainder by 31 December 2022. These taxes include the 6.2 percent Social Security tax for wage earners and comparable 6.2 percent Self-Employment Contributions Act tax due on net earnings from self-employment.
The CARES Act also provides businesses with a refundable Social Security tax credit for 50 percent of qualified wages up to USD 10 000 for each employee for qualifying calendar 2020 quarters during the COVID-19 crisis. The credit is available to employers whose (1) operations were fully or partially suspended, due to a COVID-19-related shut-down order, or (2) gross receipts declined by more than 50 percent when compared to the same quarter in the prior year. For employers with greater than 100 full-time employees, qualified wages are wages paid to employees when they are not providing services due to the COVID-19-related circumstances described above. For eligible employers with 100 or fewer full-time employees, all employee wages qualify for the credit, whether the employer is open for business or subject to a shut-down order. The credit is provided for the first USD 10 000 of compensation, including health benefits, paid to an eligible employee. The credit is provided for wages paid or incurred from 13 March 2020 through 31 December 2020. Employers with Small Business Administration Loans under the CARES Act are not eligible for the employee retention credit.
Finally, for 2020, taxpayers taking the standard deduction can deduct USD 300 of cash contributions to charities. The act also increased the limitations on deductions for charitable contributions by individuals who itemize. For individuals, the 50% of adjusted gross income limitation was raised to 100% for cash gifts in 2020.
The Consolidated Appropriations Act of 2021, (CAA) enacted 27 December 2020, provides an additional 2020 Recovery Rebate Credit (additional 2020 RRC) of USD 600 per eligible individual (USD 1 200 for married couples) plus USD 600 per child under age 17. While the credit can be claimed on 2020 tax returns filed in 2021, an advance payment of the additional 2020 RRC (second round Economic Impact Payment) was made beginning in 2020. While there is no cap on the additional 2020 RRC, it phases out at 5 percent of Adjusted Gross Income (AGI) in excess of USD 150 000 for married couples, USD 112 500 for head of household, and USD 75 000 for all other filers.
The CAA extended the paid sick leave and family leave tax credits enacted by the Families First Coronavirus Relief Act through 31 March 2021.
The CAA also allowed taxpayers taking the standard deduction to deduct USD 600 of cash contributions to charities in 2021. The CAA extended the 100% of AGI limit on cash charitable contributions enacted in the Families First Coronavirus Relief Act through 2021.
The American Rescue Plan Act (ARP) enacted 21 March 2021 provides a 2021 Recovery Rebate Credit (2021 RRC) of USD 1 400 per eligible individual (USD 2 800 for married couples) plus USD 1 400 per dependent. While the credit can be claimed on 2021 tax returns filed in 2022, an advance payment of the 2021 RRC (third round Economic Impact Payment) was made in 2021. The credit phases out proportionately beginning at USD 150 000 of AGI and is fully phased out at USD 160 000 of AGI for married couples, USD 112 500 to USD 120 000 for head of household, and USD 75 000 to USD 80 000 for all other filers.
The ARP extended the paid sick leave and family leave tax credits enacted by the Families First Coronavirus Relief Act through 30 September 2021.The ARP excluded from gross income subject to tax the first USD 10 200 per recipient of unemployment compensation received in 2020 for taxpayers with AGI below USD 150 000.
The ARP made the Child Tax Credit (CTC) fully refundable increased to age 17 the maximum qualifying age and increased the maximum value of the credit for most taxpayers for taxable year 2021. Half of the amount of the 2021 CTC is distributed in monthly advance payments over the second half of 2021 ahead of filing 2021 returns in 2022. A taxpayer’s Federal income tax will be increased, dollar-for-dollar, if their total CTC advance payments during 2021 exceed the amount of the CTC to which they are eligible for that year. However, safe harbour rules may reduce the additional income tax owed depending on the taxpayer’s modified AGI.
See Section 1.1.2.1 for a complete description of parameters and income thresholds.