
May 2020
In a decision announced on its website, the U.S. Treasury has amended its position on the Employee Retention Credit (ERC)—specifically, its position on qualifying wages.
Under this new position, employer-provided health insurance coverage now qualifies as wages, with respect to the ERC, to the extent it is otherwise allocable to qualifying wages, or to a period where the employee is not providing services. Treasury addresses this matter both for employers that averaged 100 or fewer employees in 2019 and employers who averaged more than 100.