IRS Reverses Guidance on Employee Retention Tax Credit
In response to concerns raised by a bipartisan group of lawmakers, the IRS has reversed guidance to allow employer-paid health insurance costs to be eligible for the employee retention tax credit, even if the employer has furloughed workers and is not otherwise paying wages.
The IRS has updated its FAQ to state that “[e]ligible employers may treat health plan expenses allocable to the applicable periods as qualified wages even if the employees are not working and the eligible employers does not pay the employees any wages for the time they are not working.”
The tax credit is designed to support eligible employers whose businesses are disrupted due to COVID-19 and was included in the CARES Act that was recently enacted into law.
In general, eligible employers are allowed a credit equal to 50% of up to $10,000 in qualified wages with respect to each employee.
To claim this credit, the business must experience one of these two events:
- The operation of the trade or business is fully or partially suspended during the appropriate calendar quarter due to orders from an appropriate governmental authority limiting commerce, travel, or group meetings due to COVID-19; or
- The trade or business experiences a significant decline in gross receipts, with a 50% decline in gross receipts when compared to the same quarter in the prior year. Businesses remain eligible until their gross receipts recover to 80% when compared to the same quarter in the previous year.
However, employers receiving a loan under the Payroll Protection Program are not eligible for the employee retention credit.
For more information, contact J.P. Delmore at 1-800-368-5242 x8412.
NAHB is providing this information for general information only. This information does not constitute the provision of legal advice, tax advice, accounting services, investment advice, or professional consulting of any kind nor should it be construed as such. Before making any decision or taking any action on this information, you should consult a qualified professional adviser to whom you have provided all of the facts applicable to your particular situation or question.
Latest from NAHBNow
Mar 06, 2026
NAHB Commends Court Ruling Vacating HUD 2021 IECC MandateNAHB Chairman Bill Owens issued the following statement after the Eastern District Court of Texas issued its decision in a lawsuit brought by NAHB and 15 states challenging the legality of the HUD and USDA rule imposing the 2021 International Energy Conservation Code and the 2019 ASHRAE 90.1 standard on certain housing programs.
Mar 06, 2026
Bill Truex Seeks Certification as a Candidate for 2028 NAHB Third Vice ChairmanThe NAHB Nominations Committee announces that Bill Truex, president, Truex Preferred Construction in Englewood, FL, has submitted his Letter of Intent to seek certification as a candidate for NAHB 2028 Third Vice Chairman.
Latest Economic News
Mar 06, 2026
U.S. Economy Loses 92,000 Jobs in FebruaryThe U.S. labor market weakened in February, as payroll employment declined and the unemployment rate rose to 4.4%. The cooling labor market could place the Federal Reserve in a challenging position as policymakers weigh slower job growth against inflation pressures from rising oil prices.
Mar 05, 2026
Builders Identify Key Long-Term Forces Shaping Housing Demand and Industry HealthHome builders are keenly aware of the complex long-term outlook ahead for the home building industry. A recent NAHB/Wells Fargo HMI survey asked builders to assess the impact of 14 major trends and forces on the health of the industry and housing demand over the next 10 years.
Mar 05, 2026
Affordability Posts Mild Gains in Second Half of 2025 but Crisis ContinuesThough new and existing homes remain largely unaffordable, the needle moved slightly in the right direction in the second half of 2025, according to the latest data from the National Association of Home Builders (NAHB)/Wells Fargo Cost of Housing Index (CHI).