Recapture of Excess Employment Tax Credits

The Families First Act and the CARES Act created employment tax credits for employers to pay certain benefits to employees and to keep them on the payroll. These refundable credits could be obtained on an advanced basis. Employers are required to reconcile any advance payments claimed on IRS Form 7200 with total credits claimed and total taxes due on their employment tax returns. Any refund of these credits paid to an employer that exceeds the amount the employer is allowed is an erroneous refund for which the IRS must seek repayment. Proposed regulations provide guidance to employers on how excess credits are recaptured.

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