DC Tax Flash: IRS Updates FAQs on Paid Sick and Family Leave Credits
The Internal Revenue Service (IRS) has updated a number of FAQs on the tax credit for COVID-19 sick and family leave, reflecting changes made by the Consolidated Appropriations Act, 2021. The year-end law extended the credit for employers that voluntarily continue to provide leave past the mandatory requirement that expired at the end of 2020. The credit, which was first enacted under the Families First Coronavirus Response Act (FFCRA), is now available until March 31, 2021.
The updated IRS FAQs fall under the following 14 broad subject areas. Each of the following FAQs on these topics (except the fifth) have been updated:
- General Information
- What is an Eligible Employer?
- Determining the Amount of the Tax Credit for Qualified Sick Leave Wages
- Determining the Amount of the Tax Credit for Qualified Family Leave Wages
- Determining the Amount of Allocable Qualified Health Plan Expenses
- How to Claim the Credits
- How Should an Employer Substantiate Eligibility for Tax Credits for Qualified Leave Wages?
- Periods of Time for Which Credits are Available
- Special Issues for Employers: Taxation and Deductibility of Tax Credits
- Special Issues for Employers: Interaction of the FFCRA Tax Credits with Other Tax Credits
- Special Issues for Employers: Use of Third-Party Payers
- Special Issues for Employers: Other Issues
- Special Issues for Employees
- Specific Provisions Related to Self-Employed Individuals
- IRS announcement on the updated FAQs
- Congressional Research Service report on COVID-19 paid leave credits
- Department of Labor's FAQs on COVID-19 paid leave
Miller & Chevalier Coronavirus Task Force
The outbreak of COVID-19 is creating significant business and legal challenges for companies throughout the world. In response to client demand, the firm has formed an interdisciplinary task force to help businesses navigate these issues.
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