Is the SETC Tax Credit Legit?

· 6 min read
Is the SETC Tax Credit Legit?

Is the FFCRA Tax Credit Real? A Full Guide

The Self-Employed Tax Credit (SETC), legally termed under the Families First Coronavirus Response Act (FFCRA), is a valid, government-backed tax credit implemented in response to the COVID-19 pandemic. Created to assist  what is a refundable credit -employed individuals and gig workers who experienced disruptions in their work because of sickness, quarantine, or caretaking duties, this credit is part of broader pandemic relief efforts legislated by the U.S. government.

In this detailed guide, we will look into whether the SETC is valid, its history, how to claim it, and ways to avoid fraudulent schemes.


Understanding the SETC

The SETC was introduced under the FFCRA, signed into law in March 2020 as part of the U.S. government’s efforts to provide financial relief during the pandemic. The FFCRA originally targeted paid sick leave and family leave for workers of companies hit by COVID-19. However, under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the credit was broadened to cover self-employed individuals.

Reason for Introducing the SETC

As independent contractors typically lack traditional employer-provided benefits like paid sick leave, the SETC was created to close that gap. It allows eligible individuals to receive compensation on their taxes for work they couldn’t do due to COVID-19-related health concerns, caregiving responsibilities, or quarantine orders. This helps compensate for the income affected by the pandemic.

The credit can reach $32,220, depending on your income and the number of days impacted. Eligible individuals can claim the credit for both sick leave and family leave days they missed between April 2020 and September 2021. The intention is to provide financial support to self-employed workers to help them recover from the challenges caused by the pandemic.


Legitimacy of the SETC: A Government-Backed Credit

The SETC is a completely valid tax relief, authorized under legislation and administered by the Internal Revenue Service (IRS). It was set up under the FFCRA and CARES Act, both significant parts of pandemic-era relief legislation. The IRS outlines who qualifies and provides official forms, such as Form 7202, to claim the credit.

Key points validating the SETC’s legitimacy:

  • Official IRS backing: The IRS oversees the SETC, making it an authorized part of U.S. tax policy.
  • Clear eligibility guidelines: The IRS has detailed guidelines explaining who is eligible for the credit, making sure it’s available to those who meet the criteria.
  • Refundable nature: The SETC is refundable, meaning even if the credit is greater than your taxes, you can claim the excess amount back, highlighting its legitimacy.

Eligibility for the SETC

To be eligible for the SETC, you must fulfill the following key requirements:

Being self-employed: The SETC is available to individuals who are working for themselves. This applies to freelancers, gig workers (e.g., Uber drivers, freelance designers, delivery personnel), and individual entrepreneurs. You must show self-employment income on Schedule SE of your IRS Form 1040 for the 2020 or 2021 tax year.

COVID-19 impact: You must have been prevented from working (either physically or virtually) due to COVID-19-related circumstances. These circumstances consist of:

  • A COVID-19 diagnosis or showing symptoms that needed medical attention.
  • Taking care of an infected individual or under quarantine.
  • Inability to work because you were responsible for caregiving a child whose school or daycare was not operational due to the pandemic.

Proof of income: You need to submit proof of your earnings from self-employment and keep a record of the days you were not working. This may involve keeping documents such as IRS Form 1099s, income receipts, or even medical records.

How the SETC Is Calculated

The SETC covers two types of leave—sick leave and family leave—each with its own way of calculating:

Sick Leave Credit: You can claim up to 100% of your daily earnings from self-employment, capped at $511 per day, for up to 10 days if you were incapable of working due to illness or quarantine. This can accumulate to a limit of $5,110 per year.

Family Leave Credit: For providing care to a family member impacted by the pandemic or due to child-care closures, you can claim 67% of your average daily income, up to $200 per day, for up to 50 days. The cap you can claim for family leave is $12,000.

By merging the sick leave and family leave credits, self-employed individuals could potentially claim up to $32,220 between 2020 and 2021, depending on how many days they were unable to work.

Steps to Claim the SETC

Filing for the SETC means completing IRS Form 7202, which helps calculate the sick leave and family leave credits. Steps for filing for the SETC:

Determine your eligibility: Make sure you meet the self-employment criteria and that your inability to work was due to COVID-19-related reasons.

Complete Form 7202: This form calculates the credit based on your daily earnings from self-employment and the number of days you were unable to work because of the pandemic. It is essential to ensure proper paperwork for these calculations.

Attach Form 7202 to Form 1040: Attach Form 7202 to your regular tax return (Form 1040) to claim the credit.

File an amended return if necessary: If you did not initially claim the SETC when filing your 2020 or 2021 taxes, you can still file an amended return using Form 1040-X.

Keeping accurate records is essential, as the IRS may need proof to support your claim. Records should contain forms like medical records, quarantine notices, and income statements.


How to Avoid Fraudulent Schemes

While the SETC is legitimate, there has been fraud linked to various COVID-19 relief programs, including the Employee Retention Credit (ERC) and Paycheck Protection Program (PPP). Con artists may attempt to mislead individuals by suggesting they file fraudulent claims on their behalf in exchange for a fee. To protect yourself from these schemes, follow these guidelines:

  • Rely on official sources: Always refer to IRS guidelines when seeking information on the SETC. Steer clear of third-party services that promise guaranteed returns without checking your eligibility.
  • Consult a trusted tax professional: If you're doubtful regarding how to claim the credit or your eligibility, reach out to a Certified Public Accountant (CPA) or tax advisor who has experience with the SETC.
  • Maintain proper documentation: Be prepared to provide documentation that supports your claim in case of an audit.

How the IRS Ensures SETC Compliance

The IRS has established several measures to ensure that the SETC is filed for accurately. It demands accurate records to verify eligibility and the amounts claimed, such as proof of income and evidence of days not worked due to COVID-19. However, the IRS also issues warnings about potential fraud related to fraudulent claims for pandemic-related tax credits. Applying for the SETC without proper validation can result in fines or audits.

While the risk of triggering an audit specifically for claiming the SETC is low, not complying with IRS requirements can lead to significant repercussions, such as having to return any inappropriately claimed credits with added interest.


Common Myths and Misconceptions About the SETC

Given the details of the SETC, several misconceptions have come up:

SETC is exclusive to high-income workers: A common myth is that the SETC is only for individuals with larger self-employment earnings. In reality, the credit is eligible for any self-employed person who qualifies, no matter their income.

SETC is applied automatically: The SETC requires filing by submitting the appropriate forms. It is not automatically given, so individuals need to proactively file in their taxes or file an amended return.

Myth: All missed workdays are covered: The SETC only includes days you were not working due to COVID-19-related reasons, including getting sick or caregiving responsibilities, not all missed workdays.


Is the SETC Truly Legit?

Yes, the SETC is a fully legitimate tax credit meant to give financial relief to independent workers who were hit by the COVID-19 pandemic. It is supported by federal legislation and managed by the IRS, proving its authenticity for freelancers, gig workers, and sole proprietors who suffered income loss due to COVID-19. By meeting the requirements, submitting the correct forms, and maintaining proper records, eligible individuals can fully take advantage of this program.

However, it’s important to remain cautious of fake schemes, seek advice from trusted experts, and rely on official IRS guidelines when claiming this credit.

By following these guidelines, self-employed individuals can properly apply for the SETC and ensure they receive the financial relief they are entitled to.


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