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Early Termination of the Employee Retention Credit for Most 
                         Employers 

The Infrastructure Investment and Jobs Act amends section 3134 of the Internal Revenue 
Code to limit the availability of the employee retention credit in the fourth quarter of 2021 to 
taxpayers that are recovery startup businesses, as defined in section 3134(c)(5). Therefore, 
taxpayers that are not recovery startup businesses are not eligible for the employee 
retention credit for wages paid after September 30, 2021.  

Some taxpayers that are no longer eligible to claim the employee retention credit for wages 
paid after September 30, 2021 may have already reduced their employment tax deposits in 
anticipation of claiming the employee retention credit for the fourth quarter of 2021. These 
taxpayers should monitor guidance issued by the IRS to learn if they must take any action 
regarding these amounts. 

Some taxpayers may have already submitted Form 7200 to request an advance payment of 
the employee retention credit for the fourth quarter of 2021. If the Form 7200 hasn't been 
processed, the IRS will use the taxpayer's indication of whether it is a recovery startup 
business (Form 7200, Part 1, line H) as part of its determination regarding whether the 
Form 7200 claiming the employee retention credit in the fourth quarter of 2021 should be 
accepted or rejected.  If an advance payment of the employee retention credit for the fourth 
quarter of 2021 was already sent to a taxpayer that is no longer eligible to claim the 
employee retention credit for the fourth quarter of 2021 because it is not a recovery startup 
business, the taxpayer will still include that advance payment on the appropriate line of its 
employment tax return (for example, Form 941, Part 1, line 13h) for the quarter. In this case, 
the taxpayer may have a balance due when it files that employment tax return. Taxpayers 
should continue to monitor guidance issued by the IRS to learn if they should take any 
additional action regarding these amounts. 

                               Advance Payment of Employer Credits Due to COVID-19
Form  7200                                                                                                                                        OMB No. 1545-0029
(Rev. April 2021) 
Department of the Treasury            ▶ Go to www.irs.gov/Form7200 for instructions and the latest information.
Internal Revenue Service 
Name (not your trade name)                                                                                                            Employer identification number (EIN)

Trade name (if any)                                                                                                                   Applicable calendar quarter in 2021 
                                                                                                                                      (check only one box) Caution: See 
                                                                                                                                      instructions before completing to 
Number, street, and apt. or suite no. If a P.O. box, see instructions.                                                                determine if the credits and advance are 
                                                                                                                                      available for the applicable quarter in 2021. 
City or town, state, and ZIP code. If a foreign address, also complete spaces below. (See instructions.)
                                                                                                                                  (2)   April, May, June
Foreign country name                                      Foreign province/county                           Foreign postal code   (3)   July, August, September
                                                                                                                                  (4)   October, November, December
Name on employment tax return (third-party payer) that will report the wages and credits related to the advance you’re   EIN on employment tax return (if other than your own)
requesting in Part II (leave blank if return is filed under your name and EIN). See instructions.

Part I    Tell Us About Your Employment Tax Return
A     Check the box to indicate which employment tax return form you file (or will file for 2021). Check only one box.
      (1)          941, 941-PR, or 941-SS         (2)   943 or 943-PR          (3)               944    (4) CT-1
B     Enter the total number of employees to whom you paid qualified wages eligible for the employee retention credit this quarter           ▶
C     Amount reported on line 2 of your most recently filed Form 941 (or wages reported on Schedule R (Form 941), column (d), by 
      your third-party payer (see instructions)). If you file a different employment tax return or have never filed one, see instructions    ▶
D     Tax period of most recently filed Form 941 (for example, “Q4 2020”) or annual employment tax return (for example, “2020”)              ▶
E     If  you’re  requesting  an  advance  payment  of  the  employee  retention  credit  (Part  II,  line  1),  enter  the  average 
      number  of  full-time  employees  you  had  in  2019  (or  2020  if  your  business  wasn’t  in  existence  in  2019). 
      Aggregation rules apply. See instructions .         .            . . . . . .               . . .  . . . .        . . .    .     . .  . ▶
F     If you’re requesting an advance payment for qualified sick and/or family leave wages (Part II, lines 2 and/or 3), enter the number 
      of employees you had when qualified leave was taken during the quarter for the advance requested. See instructions                .  . ▶
G     Number of individuals provided COBRA premium assistance during the quarter for the advance requested.                                . ▶
H     If you’re eligible for the employee retention credit solely because your business is a recovery startup business, 
      check here         .     .  . . .       . . .   . . .            . . . . . .               . . .  . . . .        . . .    .     . .  . ▶
Part II   Enter Your Credits and Advance Requested
1     Total employee retention credit for the quarter. Don’t enter more than the amount eligible to be advanced 
      for the quarter. See instructions  .        .   . . .            . . . . . .               . . .  . . . .        . . .    .     . .    1
2     Total qualified sick leave wages eligible for the credit and paid this quarter. See instructions  .                  .    .     . .    2
3     Total qualified family leave wages eligible for the credit and paid this quarter. See instructions                   .    .     . .    3
4     Total COBRA premium assistance provided this quarter. See instructions  .                         . . . .        . . .    .     . .    4
5     Add lines 1, 2, 3, and 4  .     .       . . .   . . .            . . . . . .               . . .  . . . .        . . .    .     . .    5
6     Total  amount  by  which  you  have  already  reduced  your  federal  employment  tax 
      deposits for these credits for this quarter. Enter as a positive number  .                     .  . .   6
7     Total advanced credits requested on previous filings of this form for this quarter  .                   7
8     Add lines 6 and 7           . . .       . . .   . . .            . . . . . .               . . .  . . . .        . . .    .     . .    8
9     Advance requested. Subtract line 8 from line 5. If zero or less, don’t file this form  .                .        . . .    .     . .    9
                   Do you want to allow an employee, a paid tax preparer, or another person to discuss this return with the IRS? See the
Third-             instructions for details.      Yes. Complete below.             No
Party 
Designee           Designee’s name ▶                                                                          and phone number ▶
                   Select a 5-digit personal identification number (PIN) to use when talking to the IRS ▶
                   Under penalties of perjury, I declare that I have examined this form, including any accompanying schedules and statements, and to the best of my knowledge 
                   and belief, it is true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge.
                  ▲
Sign                Your signature                                                 Date                                  Printed title
Here 
                   Printed name                                                                                          Best daytime phone
                   Print/Type preparer’s name         Preparer’s signature                                    Date                     PTIN
Paid                                                                                                                                                       Check          if  
                                                                                                                                                           self-employed 
Preparer           Firm’s name ▶                                                                                                      Firm’s EIN ▶
Use Only           Firm’s address ▶                                                                                                   Phone no. 
How  
                   Fax your completed form to 855-248-0552.
To File
For Privacy Act and Paperwork Reduction Act Notice, see the separate instructions.                            Cat. No. 56392D                   Form 7200 (Rev. 4-2021)