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 10, 2026
Supreme Court Ruling Raises New Concerns About Cluster MailboxesLate last month, the U.S. Supreme Court issued a decision that illustrates the potential risks associated with the United States Postal Service’s (USPS) push for centralized mail delivery. The ruling has important implications for home builders and developers who are increasingly pressured to install cluster mailboxes in new residential communities.
Mar 10, 2026
NAHB Announces 7 Fall Recruitment Competition WinnersFor their efforts, top Builder winners earned LG laundry machines, and Associate winners and all runners-up earned International Builders’ Show (IBS) VIP ticket packages, including registration to the show, IBS House Party tickets, opening ceremony seat reservations and VIP Closing Concert tickets.
Latest Economic News
Mar 11, 2026
Single-Family Permits End 2025 on a Soft NoteSingle-family permitting softened over the course of 2025 and finished the year weaker than the prior year. After showing some resilience in 2024, permitting activity gradually lost momentum as elevated mortgage rates and ongoing affordability constraints weighed on buyer demand.
Mar 10, 2026
Existing Home Sales Rose in FebruaryFollowing the sharp decline last month, existing home sales bounced back in February as housing affordability improved. Lower mortgage rates and moderating home price growth helped pull buyers back to the market. However, tight inventory will likely continue to push home prices higher if demand outpaces supply growth.
Mar 10, 2026
AD&C Loan Volume Falls Despite Declining Financing CostsSingle-family construction lending fell in the fourth quarter, according to data released by the Federal Deposit Insurance Corporation (FDIC).