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

Advocacy
Oct 21, 2026
NAHB Invests $47K in State and Local Advocacy Efforts

During the Fall Leadership Meeting in Detroit, the State and Local Government Affairs Committee approved $47,000 through the State and Local Issues Fund to help HBAs reduce barriers to housing attainability.

Workforce Development
Oct 20, 2026
Maryland HBA and Local Partners Show Students Where Construction Can Lead

For Maryland students and young adults deciding their next steps, the Frederick County Building Industry Association’s goal is to help them see how many different paths to success are available in residential construction.

View all

Latest Economic News

Economics
Oct 21, 2026
Nearly One in Three Construction Workers are Hispanic

Diversifying the construction labor force remains a key priority amid persistent skilled labor shortages. According to NAHB analysis of the 2024 American Community Survey, non-Hispanic White workers account for the majority of the construction industry at 55.8%. Hispanic workers now represent nearly one-third of the labor force at 32.8%, followed by non-Hispanic Black workers at 5% and non-Hispanic Asian workers at 1.8 %.

Economics
Oct 21, 2026
Market Share for Modular and Other Non-Site Built Housing in 2025

The total market share of non-site-built single-family homes (modular and panelized) was just 3% of single-family homes in 2025, according to NAHB analysis of completion data from the U.S. Census Bureau’s Survey of Construction (SOC).

Economics
Oct 20, 2026
Single-Family Starts Down as Affordability Challenges Persist

Single-family housing starts declined in September as builders faced higher financing, building material costs, and ongoing labor shortages.