The ERC is available to trades or businesses whose operations were subject to a full or partial suspension of operations due to governmental orders, or who experienced a significant decline in gross receipts during the pandemic.
Effective Jan. 1, 2021, employers are eligible to claim the ERC if they operated a trade or business during 2021, and experienced either:
A full or partial suspension of the operation of their trade or business during a calendar quarter on account of a governmental order limiting commerce, travel or group meetings due to COVID-19; or
A decline in gross receipts in the first, second or third calendar quarter in 2021 where the gross receipts of that calendar quarter are less than 80% of the gross receipts in the same calendar quarter in 2019.
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