Calculating credits for 2021 The ERC applies only to the first three financial quarters of 2021, and the eligible wages for each of these quarters are calculated at 70%. As such, the credit per employee per quarter maxes out at $7,000.
The average contingency rate falls between 20-40%, with most lawyers charging around 33% to 35% of the total amount recovered in a case. The exact percentage can vary depending on the complexity of the case, the lawyer's experience, and the stage at which the case is resolved.
Going forward, the only way to apply for the ERC is to file an amended Form 941X (Quarterly Federal Payroll Tax Return) for the quarters during which the company was an eligible employer.
Some businesses that submitted claims for the Employee Retention Tax Credit have reported waiting anywhere from four to twelve months for their ERC refunds.