This guidance is relevant after September 30, 2021 and before January 1, 2022.

Termination of the Employee Retention Credit under Section 3134 of the Code in the Fourth Calendar Quarter of 2021 for Certain Employers

Notice 2021-65

I. PURPOSE This notice modifies Notice 2021-49, 2021-34 IRB 316, and Notice 2021-24, 2021-18 IRB 1122, to implement statutory changes made by the Infrastructure Investment and Jobs Act (Infrastructure Act), Pub. L. 117-58, 135 Stat. 429 (2021), enacted November 15, 2021.

This Notice is 10 pages.

"[E]mployers, other than recovery startup businesses, are not entitled to the employee retention credit for wages paid on or after October 1, 2021. The Infrastructure Act amendments require the modification of guidance related to the employee retention credit for the fourth calendar quarter of 2021."
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A. Termination of Employee Retention Credit for Employers other than Recovery Startup Businesses
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B. Repayment of Advance Payments for Employers other than Recovery Startup Businesses
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C. Failure to Deposit Penalties for Employers other than Recovery Startup Businesses