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The ERC program is now closed to new claims. The deadline for 2021 ERC claims was April 15, 2025, and that window is now closed. No new claims can be filed for 2020 or 2021. ThePayStubs Businesses that previously filed claims may still be dealing with IRS processing, audits, or disallowances.
The Employee Retention Credit (ERC) is a lifeline for small businesses impacted by Covid-19. But it’s only for businesses that suffered significant losses in revenue and kept employees on the payroll while closed or partially closed during 2020 and/or 2021.
Here’s a closer look at what the ERC is and how loans and advances work.
Enacted as part of the CARES Act in 2020, the ERC is a tax credit for businesses and tax-exempt organizations. It was created to support small businesses that continued to pay their employees while closed during Covid-19 or stayed open but experienced a significant decline in sales due to the pandemic.
The ERC is a tax credit that goes into your pocket, not a loan that you need to repay. The program applied to small businesses and tax-exempt organizations that continued paying workers from March 13, 2020, to December 31, 2021. Eligible businesses could claim up to $5,000 per employee for 2020 and up to $7,000 per employee for each of the first three quarters of 2021.
Here’s how the IRS determines the amounts you can claim:
This means you could potentially claim up to a maximum of $26,000 per employee if the employee had enough qualifying wages in both 2020 and 2021.
It’s important to understand that ERC loans and ERC advances are different products that each offered ways to access your ERC refund faster once you’d been approved. The difference is that an ERC loan is a bridge loan against your ERC refund, while an ERC advance is a buy out, aka “advance” on your ERC credit for a fee.
In both cases, you pay off the loan or advance when you get your ERC refund. Here’s a closer look at how each works.
ERC loans are essentially bridge loans that charge monthly interest against your loan amount. On top of this monthly rate, some lenders may also charge an origination fee or closing costs of around 5%. ERC loans are underwritten and may have certain credit score requirements.
Here’s an example of how an ERC loan works:
ERC credit owed to you: $100,000
ERC loan-to-value (LTV): 70%
ERC loan amount: $70,000
ERC loan interest rate: 2% a month
Repayment term: 12 months
Monthly repayment: $1,400 ($70,000 x 2%)
Total interest paid: $16,800 ($1,400 x 12 months)
As shown, your monthly payment would be $1,400 a month for a total of $16,800 in interest paid over the 12-month repayment period. When your ERC refund is issued, you pay off the loan with a balloon payment. The rest of the refund is yours to keep.
ERC advances are when a lender buys out, aka “advances,” your ERC credit for a fee. Unlike a loan, there are no monthly repayments and no interest charges. Based on our conversation with a broker at Peach Capital, ERC advances may cost around 10% of the total amount of your ERC advance and may be cheaper than getting an ERC loan.
Here’s an example of how it works:
ERC credit owed to you: $100,000
ERC loan-to-value (LTV): 70%
Advance amount: $70,000
Broker service fee: 5% of advance amount
Lender origination fee: 4% of advance amount
Lockbox fee: $475
Processing fee: $475
Total fees paid: $7,250 ($3,500 + $2,800 + $475 + $475)
In this example, you pay $7,250 in fees, or around 10% of the loan amount of $70,000. When your ERC refund is issued, you pay off the advance, and the rest of the refund is yours to keep.
An ERC loan or advance was best for small business owners that:
Costs can run between 10% to 30% of your ERC loan or advance amount. The broker we spoke with at Peach Capital said that getting an ERC advance may be cheaper than an ERC bridge loan, since you pay a fee of around 10% with an advance. This may be cheaper than paying monthly interest on an ERC loan, especially if the lender charges origination fees or closing costs.
With an ERC loan, the lender typically will look at your credit score and business income to determine your eligibility. But because ERC advances are essentially a “buy out” of your ERC refund, you generally don’t need to qualify with a credit score or income.
If you have a previously approved ERC claim and are considering a loan or advance, here’s how the process worked:
To find the best ERC loan for your situation, compare the following factors:
These are the main pros and cons to consider with ERC loans:
If you’d rather not sign over your ERC credit, here are some alternative sources of business funding to consider.
Need business financing?
Compare business lending products for a wide range of needs, for both startups and established businesses.
The ERC program is now closed to new applications. The steps below are retained for reference for businesses reviewing past filings, handling audits or responding to IRS correspondence.
Because of the complexity of the rules for claiming the ERC and the possibility of error or oversight that could impact your business, you should consult with a qualified tax professional when filing an amended tax return.
The ERC filing window is now closed. The deadline to claim funds for 2020 was April 15, 2024, and the deadline for 2021 was April 15, 2025. No new claims can be filed for either year. Additionally, a law passed in July 2025 disallowed any claims for Q3 or Q4 of 2021 that were filed after January 31, 2024. Businesses with previously filed claims should note that the IRS has up to six years to audit ERC claims, so keeping your documentation is still important.
The availability of ERC funds creates a situation where some scammers entice employers through fraud. These scammers may lie about your eligibility and claim they can help you get the credit for a fee. But if you claim the credit when you don’t actually qualify for it, you’re on the hook to pay it back. Even though the program is closed, scammers continue to target business owners, be wary of anyone claiming they can still file a new ERC claim on your behalf.
Corporations, partnerships, LLCs, sole proprietors and even non-profit organizations like charities, religious institutions and educational institutions can claim the ERC as long as they meet eligibility criteria.
Yes, businesses that received a PPP loan could still claim the ERC credit, but with restrictions, such as not being able to claim the ERC for the same wages used to qualify for the PPP loan forgiveness.
Yes, employers can claim the ERC for wages paid to employees who are working remotely, as long as they meet eligibility criteria.
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