Option #2: Partial or Full Suspension
The partial or complete shutdown qualification is based on a "suspension test" to show operations were fully or partially suspended due to a government pandemic order.
A partial suspension from a government order that had a nominal impact on your business. This impact might come from a reduction in business hours or a reduction in capacity, etc. A drop in sales is not needed, but the order must have ceased at least 10% of your revenue generating operations.
Note: This only applies during periods of shutdowns (full or partial) mandated by the government.
IRS notices pertaining to suspension qualification: Notice 2021-23 & Notice 2021-33.
ERC Full or Partial Suspension Qualification Requirements:
- Inability to travel
- Reduction in operating hours
- Inability to access equipment
- Capacity restrictions
- Inability to convert to remote work
Full or Partial suspension IRS examples:
- Example #1: If a government order lets an essential business stay open, and if more than a small part of an employer's business operations are stopped, it may be considered a partial suspension. This is true even if the business is essential.
- Example #2: Employers that could not get the remote work capabilities to run their company normally qualify for a partial suspension (IT support, etc.) It also applies if employee tasks are not portable or if employee presence is crucial.
- Example #3: If a government order closes an employer's physical workplace, but the workplace may stay open for other specified reasons, the employer's activities are regarded to be partially suspended if more than a nominal portion of businesss cannot be undertaken.
- Example #4: A restaurant must close or limit dine-in eating because of government directives, but can still operate its drive-through or carry-out service. This would be considered partially suspended.
Note: For any qualifiying periods you must describe the impact on your company.