IRS Reverses Guidance on Employee Retention Tax Credit

Codes and Standards
Published

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.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Economics | Housing Affordability

Sep 18, 2025

What the Fed Rate Cuts Mean for Housing and the Economy

After keeping rates steady through most of 2025, the Federal Reserve’s monetary policy committee voted at its September meeting to cut its key interest rate by 25 basis points, bringing the target federal funds rate down to 4.25%.

PWB Week | Professional Women in Building Council

Sep 17, 2025

Strength in Numbers: The Power of Professional Women in Building Councils

PWB councils of all sizes are helping reshape the narrative in the home building industry nationwide, merging inspiration and education with recreation and connection.

View all

Latest Economic News

Economics

Sep 18, 2025

Women in Construction Reach Highest Share in Two Decades

In 2024, the number of women employed in the construction industry rose to around 1.34 million. Women now represent 11.2% of the construction workforce, the highest share in the past 20 years. This rise aligns with the growing presence of white-collar jobs in the industry.

Economics

Sep 17, 2025

The Fed Cuts and Projects More Easing to Come

After a monetary policy pause that began at the start of 2025, the Federal Reserve’s monetary policy committee (FOMC) voted to reduce the short-term federal funds rate by 25 basis points at the conclusion of its September meeting. This move decreased the target federal funds rate to an upper rate of 4.25%.

Economics

Sep 17, 2025

Housing Starts Remain Soft Ahead of Fed Meeting

Challenging affordability conditions continue to act as headwinds for the housing industry, but the sector could see lower interest rates in the near future with the Federal Reserve expected to cut short-term interest rates this afternoon.