Bipartisan Congressional leaders on tax policy are negotiating a large tax package that would expand the child tax credit and reinstate some corporate tax breaks. LeadingAge and others are urging negotiators to also include two key low-income housing tax credit provisions in the package: extending the 12.5% increase to the housing credit program that expired in 2021 and lowering the Private Activity Bond threshold test from 50% to 25%. In order to “pay for” the proposed tax changes, this potential proposal would shorten the submission window for new Employee Retention Credit (ERC) claims.
Currently, the deadlines for ERC claims submission are April 15, 2024, for FY 2020, and April 15, 2025, for FY 2021. There would be a short window for new submission after the bill is enacted; after that, new ERC submissions will be ended. Claims that are pending due to the September 14, 2023, claims processing moratorium would still be processed once lifted if this tax proposal became law. Otherwise, this proposed bill would mostly eliminate new ERC submissions.
The text of the tax proposal is not yet available, but we encourage members to submit ERC claims rapidly. We will provide updates as more information becomes available.