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Strobl PLLC

Strobl PLLC

Business and Corporate Law Firm

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(248) 540-2300

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    • Henry J. Andries, Jr.

      Henry J. Andries, Jr.

      Member

      Phone: 248.205.2710

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Business Law, Commercial Contracts, Corporate Law, Healthcare Law, Labor & Employment, Litigation, Real Estate, Tax

      Experience

      Since 1995, Henry J. Andries, Jr. has engaged in private practice with a concentration in employment law, complex civil litigation...

    • Lynn M. Brimer

      Lynn M. Brimer

      Member

      Phone: 248.205.2772

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Banking & Financial Services, Bankruptcy & Creditor's Rights, Business Law, Commercial Contracts, Corporate Law, Litigation, Mergers & Acquisitions, Non-Profit Law, Real Estate, Tax

      Experience
      • Assist taxpayers with representation before the internal Revenue Service, the State of Michigan Department of Treasury and other taxing authorities...
    • Anthony Cimini

      Anthony Cimini

      Associate

      Phone: 248.205.2764

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      Practice Areas

      Banking & Financial Services, Bankruptcy & Creditor's Rights, Business Law, Commercial Contracts, Corporate Law, Litigation, Real Estate

      Experience
      • Assists distressed businesses in Chapter 11 bankruptcy filings, with expertise in Subchapter V bankruptcy filings, including prefiling negotiations, preparing first...
    • Jon P. Everly

      Jon P. Everly

      Managing Member

      Phone: 248.205.2759

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Business Law, Commercial Contracts, Corporate Law, Estate & Succession Planning, Non-Profit Law, Real Estate, Tax

      Experience
      • Advises closely held businesses and their owners in a broad range of legal matters, including formation, taxation, succession planning, and...
    • Michael L. Geller

      Michael L. Geller

      Member

      Phone: 248.205.2770

      Office: Bloomfield Hills, Michigan

      Connect:

      Practice Areas

      Business Law, Commercial Contracts, Corporate Law, Healthcare Law, Labor & Employment, Litigation, Real Estate

      Experience
      • Advises and assists clients in the creation and structuring of their business entities.
      • Regularly counsels clients relative to employment issues that...
    • Paul M. Kavanaugh

      Paul M. Kavanaugh

      Member

      Phone: 248.205.2711

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Banking & Financial Services, Business Law, Commercial Contracts, Corporate Law, Healthcare Law, Labor & Employment, Mergers & Acquisitions, Real Estate

      Experience

      In his more than 30 years of practicing law, he has helped businesses protect their financial and intellectual property, minimize...

    • Jay R. LaBarge

      Jay R. LaBarge

      Member

      Phone: 248.205.2778

      Office: Bloomfield Hills, Michigan

      Connect:

      Practice Areas

      Banking & Financial Services, Business Law, Commercial Contracts, Corporate Law, Estate & Succession Planning, Healthcare Law, Mergers & Acquisitions, Non-Profit Law, Real Estate, Tax

      Experience
      • Advises clients on a full range of real estate matters, including drafting and negotiating purchase agreements and residential, commercial and...
    • Randi LaFave

      Randi LaFave

      Associate

      Phone: 248.205.2712

      Office: Bloomfield Hills

      Connect:

      Practice Areas

      Banking & Financial Services, Business Law, Commercial Contracts, Corporate Law, Estate & Succession Planning, Labor & Employment, Mergers & Acquisitions, Real Estate, Tax

      Experience
      • Counsels start-ups and growing companies on fundraising, including preparation of private placement memorandums
      • Works with clients to uncover and resolve bank...
    • Brian J. McCullough

      Brian J. McCullough

      Member

      Phone: 248.205.2715

      Office: Bloomfield Hills, Michigan

      Connect:

      Practice Areas

      Business Law, Commercial Contracts, Corporate Law, Estate & Succession Planning, Healthcare Law, Real Estate

      Experience
      • All legal aspects pertaining to healthcare providers, including licensing, certification issues, survey and compliance issues, Medicare, Medicaid and other insurance-related...
    • Pamela S. Ritter

      Pamela S. Ritter

      Member

      Phone: 248.205.2765

      Office: Bloomfield Hills, Michigan

      Connect:

      Practice Areas

      Banking & Financial Services, Bankruptcy & Creditor's Rights, Business Law, Commercial Contracts, Corporate Law, Litigation, Real Estate

      Experience
      • Counsel to lenders in a range of loan origination transactions, including commercial and industrial loan facilities, real estate and construction...
    • James A. Rocchio

      James A. Rocchio

      Of Counsel

      Phone: 248.205.2748

      Office: Bloomfield Hills, Michigan

      Connect:

      Practice Areas

      Bankruptcy & Creditor's Rights, Business Law, Commercial Contracts, Corporate Law, Estate & Succession Planning, Mergers & Acquisitions, Tax

      Experience

      Mr. Rocchio has deep expertise in the area of taxation. Over the course of his legal career, he has counseled...

    • Nelson B. Stieper

      Nelson B. Stieper

      Of Counsel

      Phone: 248.205.2742

      Office: Bloomfield Hills, Michigan

      Connect:

      Practice Areas

      Estate & Succession Planning

      Experience
      • Performs probate and trust administration, revocable and irrevocable trusts, wills, special needs planning, gift planning, and asset protection
      • Advises on divorce,...
    • Thomas J. Strobl

      Thomas J. Strobl

      Member

      Phone: 248.205.2713

      Office: Bloomfield Hills, Michigan

      Connect:

      Practice Areas

      Banking & Financial Services, Business Law, Commercial Contracts, Corporate Law, Labor & Employment, Mergers & Acquisitions, Real Estate, Tax

      Experience
      • Advises a broad spectrum of purchasers and sellers in merger and acquisition transactions involving primarily private companies.
      • Represents financial institutions and...
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Update on the Employee Retention Credit

November 19, 2021

To encourage employers to keep their employees on payroll during the pandemic, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), signed into law in March 2020, established the Employee Retention Tax Credit (“ERTC”), often referred to simply as the Employee Retention Credit (“ERC”). The ERC was amended and extended by both the Consolidated Appropriations Act (“CAA”), enacted in December 2020, and the American Rescue Plan Act (“ARPA”), enacted in March 2021. The ARPA extended eligibility for the ERC to recovery startup businesses, defined as businesses started after February 15, 2020 with receipts of less than $1 million. The Infrastructure Investment and Jobs Act (the “Infrastructure Act”), signed by President Biden on November 15, 2021, established for an early termination of the ERC as of September 30, 2021 for most employers. Recovery startup businesses can still claim the credit for qualified wages paid before January 1, 2022.

The ERC is a refundable tax credit against wages paid by eligible employers after May 12, 2020. The total available credit is significant – up to a potential $26,000 per employee, for most employers.

In 2020, an eligible employer may receive a credit up to 50% of the first $10,000 of wages paid to each full-time employee in the second, third or fourth quarter of 2020, for a maximum of $5,000 per employee for the calendar year 2020.

In 2021, the available credit increased to up to 70% of the first $10,000 of wages paid to each employee in each of the four quarters in calendar year 2021, for a maximum of $28,000 per employee for the calendar year 2021. In computing qualifying wages, the employer can take the cost of employer paid health benefits into consideration.

Qualification for the credit is based on two factors. The employer must meet one of the factors for each quarter it claims the credit:

  1. The employer’s operations were partially or fully suspended, or its business hours were reduced due to government order; or
  2. The employer experienced a significant decline in gross receipts defined as follows:

a. During 2020 a reduction of 50% or more quarter over quarter compared to the same quarter of 2019; and

b. During 2021 a reduction of 20% or more quarter over quarter compared to the same quarter of 2019.

  1. Recovery startup businesses may be eligible for the ERC even if they were not such down due to a COVID-19 shutdown order or did not experience a significant reduction in revenue. However, the ERC such businesses is limited to $50,000 per quarter.

The determination of whether an employer is eligible based on a decline in gross receipts is made separately for each calendar quarter. For example, if gross receipts in the second quarter of 2021 decline by more than 20% of gross receipts in the second quarter of 2019, then the employer is eligible for the ERC in the second quarter of 2021 based on a decline in gross receipts for the second quarter of 2021. Employers that are otherwise eligible for the ERC can also utilize the prior-quarter safe harbor in determining eligibility with regards to the gross receipts test in 2021 in order to claim the credit for an additional quarter. As a result, in the above example, the employer who is eligible for the ERC in the second quarter of 2021 will also automatically be eligible for the third quarter of 2021 using the prior-quarter safe harbor.

An employer is not disqualified from eligibility if it has received a PPP loan. However, the ERC cannot be claimed on wages that are taken into consideration in the employer’s computation of forgiveness of a PPP Loan.

There is still time to claim the credit on eligible wages.

Strobl PLLC is a business law firm that can assist employers in determining eligibility and submitting applications for the credit, as well as partnering with clients on all business-related legal matters. For more information, visit Strobl online at StroblLaw.com or on LinkedIn.

Uncategorized American Rescue Plan Act,  ARPA,  CAA,  Consolidated Appropriations Act,  Employee Retention Credit,  ERC,  Infrastructure Act,  Infrastructure Investment and Jobs Act

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At Strobl PLLC, our attorneys are committed to your team. We collaborate with clients to share our expertise and guide them to success.

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(248) 540-2300

33 Bloomfield Hills Parkway, Suite 125
Bloomfield Hills, MI 48304

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