Signature Tax Event 2022 Deck FINAL | Page 67

Whether a governmental order had more than a nominal effect on its business operations .
How the employer determined allocable qualified health plan expenses .
Documentation of aggregated group treated as a single employer for ERC and how aggregation impacts the determination and allocation of the credit .
Records retained 4 years , 5 years for Q3 2021 ERCs .

Substantiation Requirements

• Any records the employer relied upon to determine whether more than a nominal portion of its operations were suspended due to a governmental order .

Whether a governmental order had more than a nominal effect on its business operations .

• Qualifying wages .

How the employer determined allocable qualified health plan expenses .

• Gross receipts decline .

Documentation of aggregated group treated as a single employer for ERC and how aggregation impacts the determination and allocation of the credit .

• Copies of completed Forms 7200s and 941s submitted to IRS .

Records retained 4 years , 5 years for Q3 2021 ERCs .