Shortly after we issued our guidance on the Families First Coronavirus Response Act (H.R. 6201) (the “FFCRA”) last week Friday, the Department of Labor and the Treasury Department jointly issued IRS Bulletin 2020-57 stating employers can begin taking advantage of the refundable payroll tax credits provided by FFCRA.  In previous alerts we had advised you we were uncertain regarding whether you should provide FFCRA leave before the April 2 effective date so as not to jeopardize your ability to get the credit.

At this time we are still waiting for further guidance from the Department of Treasury on the exact procedures employers will need to follow to claim these refundable tax credits, but employers will likely be claiming the credits on the quarterly 941s against other taxes due with an additional document submission for refunds.

We will continue to update you as we receive information from the IRS on claiming the credits, which we expect to receive this week.