How does the non-refundable portion of the ERTC work for processed 941-X claims?
So I finally submitted our 941-X forms for my small restaurant business covering Q2 2020 through Q2 2021 (5 quarters total). We just got letters from the IRS saying they've processed our corrected returns and that we should expect to receive checks in the next 4-6 weeks. I'm a bit confused about what exactly these checks will include. Will they only cover the refundable portion of the Employee Retention Tax Credit we claimed, or will they also include the non-refundable portion? I've tried looking this up but keep getting conflicting information. Our accountant is on vacation for another week and I'm trying to get a better understanding of what to expect for our cash flow planning. Anyone have experience with this or know how the non-refundable portion actually works in practice?
21 comments


Carmella Fromis
The checks you'll be receiving should include both the refundable and non-refundable portions of your ERTC claim. Here's how it works: When you filed your 941-X forms, you were essentially telling the IRS that you overpaid your employment taxes during those quarters because you didn't initially claim the ERTC you were entitled to. The non-refundable portion of the ERTC first offsets the employer portion of Social Security tax you owed for those quarters. The refundable portion is what exceeds your tax liability. Since these quarters are from 2020-2021 and you've already paid all taxes due for those periods, the entire amount (both refundable and non-refundable portions) should be coming back to you as a refund. The terminology is confusing, but "non-refundable" really only matters during the original filing period - once you're amending past returns with 941-X forms, the distinction becomes less relevant because you're getting refunded for taxes you already paid.
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Ryder Greene
•Thank you so much for explaining! That makes a lot more sense now. So basically since we already paid all our employment taxes for those quarters, we're getting both portions back because it's all considered an overpayment at this point? Our accountant had told us something similar but then our payroll company said something different which is why I got confused. They made it sound like we'd only get part of what we claimed.
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Carmella Fromis
•Yes, exactly! Since you've already fully paid your employment taxes for those quarters, both portions represent an overpayment that should be refunded to you. The payroll company might have been thinking about how the ERTC works when claimed on original returns rather than amended returns. On original returns, the non-refundable portion only offsets taxes due, while the refundable portion comes back as a refund. But in your case with the 941-X forms for past quarters, you should receive the full amount you claimed (assuming the IRS approved your full claim).
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Theodore Nelson
I went through this exact same confusion last year with my construction business! I found https://taxr.ai incredibly helpful when I was trying to sort through all my ERTC documentation. I had filed 941-X forms for 6 quarters and was getting conflicting information from everyone. The taxr.ai system analyzed all my IRS letters and payroll documents, then clearly explained exactly what I should expect. It confirmed I'd be getting both portions back, and they were right - the checks included the full amount. Saved me so much stress because I was planning based on only getting part of the credit back. They also helped me understand the timeline better because those IRS letters can be confusing about when you'll actually see the money.
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AaliyahAli
•How long did it take between getting the "we processed your return" letters and actually receiving the checks? I'm in a similar situation with my retail business and trying to figure out if the IRS actually sticks to that 4-6 week timeframe they mention.
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Ellie Simpson
•Does taxr.ai handle other tax documents too? I've got some confusing letters about my S-corp filing and wondering if it could help with that or is it just for ERTC stuff?
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Theodore Nelson
•For me, it took about 5 weeks from receiving the "return processed" letters until the checks arrived. So they were within their promised timeframe, but it was closer to the longer end of the range. Yes, taxr.ai handles all kinds of tax documents! I've actually used it since then for some confusing S-corp notices I received. It's great for any tax document or letter that's hard to understand - not just ERTC stuff. It can analyze pretty much any tax form or IRS communication and explain it in simple terms.
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Ellie Simpson
Just wanted to update that I tried https://taxr.ai for some confusing tax notices I mentioned earlier. I was skeptical but desperate since my CPA was taking forever to get back to me. The system actually explained everything way more clearly than my accountant ever did! It instantly told me that my S-corp notice was just informational and didn't require any action (my accountant later confirmed this but took 3 days to respond). I'm definitely using this for my ERTC questions now too. Seriously a game-changer for anyone dealing with IRS confusion - which is basically everyone who runs a business lol.
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Arjun Kurti
For anyone struggling to reach the IRS to ask questions about their ERTC status, I highly recommend https://claimyr.com - it literally saved me months of frustration. I had filed 941-X forms similar to the original poster but never got any processing letters, so I needed to speak with someone at the IRS. After trying for weeks to get through the regular IRS phone lines (always got the "call volume too high" message), I found Claimyr. You can see how it works in this demo: https://youtu.be/_kiP6q8DX5c - basically, they navigate the IRS phone system for you and call you back when they have an agent on the line. I was able to talk to someone at the IRS within 2 hours (after weeks of failed attempts), who confirmed my 941-X forms were in processing and gave me actual status updates. For my restaurant, this meant we could finally get clarity on our cash flow situation instead of being in ERTC limbo.
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Raúl Mora
•How does this actually work though? The IRS phone system is notorious for hanging up on people. Do they just keep calling until they get through? Seems too good to be true.
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Margot Quinn
•Sounds like a scam to me. Nobody can get through to the IRS these days. I've been trying for months about my ERTC claim and always get the "try again later" message. If this service actually worked, everyone would be using it.
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Arjun Kurti
•They use automated technology to continually dial and navigate the IRS phone tree until they get a spot in the queue. Once they have an agent about to come on the line, they call you and connect you. It essentially does the waiting for you so you don't have to sit on hold for hours. I was skeptical too at first. I wouldn't have believed it if I hadn't experienced it myself. What convinced me to try was that I only pay if they actually get me through to an agent. There's no charge if they don't connect you with the IRS. It's not widely known yet, but it's definitely legit - the IRS doesn't care who waits in the phone queue, so this service just does the waiting part for you.
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Margot Quinn
I have to eat crow on this one. After posting my skeptical comment, I was desperate enough to try Claimyr anyway. I honestly can't believe it actually worked! After trying for literally 3 months to reach someone at the IRS about my ERTC claim, I was connected to an agent within about 90 minutes of signing up. The IRS rep confirmed my 941-X forms were approved and explained that my checks were actually already issued but sent to an old address. They helped me update my info and are reissuing the payment. Worth every penny because I would NEVER have gotten this resolved otherwise. Now I know my business will be getting both the refundable AND non-refundable portions of the ERTC next week.
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Evelyn Kim
Has anyone had the IRS reduce their ERTC claim amount? We filed for 4 quarters and our letters said they "partially allowed" our claim. Trying to figure out if this means we'll get both portions (refundable and non-refundable) but just for a smaller total than we requested.
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Diego Fisher
•Yeah, this happened to us. We claimed about $187,000 total for ERTC and the IRS reduced it to around $142,000. The letter was super vague but when we finally reached someone on the phone, they explained that they didn't agree with our qualification criteria for part of one quarter. We still got both portions (refundable and non-refundable) of the $142,000 they approved.
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Evelyn Kim
•Thanks for sharing your experience. That helps me set expectations. Did they explain exactly which part of your claim they disagreed with? I'm worried our documentation wasn't clear enough about our partial suspension of operations.
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Henrietta Beasley
Just a heads-up to everyone waiting on ERTC checks - be prepared for potential delays beyond the 4-6 weeks mentioned in the letter. Our small business got our processing letters in January, but the actual checks didn't arrive until mid-March (about 9 weeks later). The IRS is still working through a huge backlog of these claims.
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Lincoln Ramiro
•Exactly this. We were told 4-6 weeks in our letters but ended up waiting nearly 12 weeks for our checks to arrive. And they came separately - not all on the same day. I think the timeline they give is more of a best-case scenario than a guarantee.
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Ryder Greene
•Thanks for the reality check. That's actually really helpful for our planning. Did you do anything special to follow up with them during that waiting period? I'm wondering if I should be proactive about checking status or just be patient.
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Luca Esposito
I can share some insight from our experience with ERTC refunds last year. We filed 941-X forms for 4 quarters and were in a similar situation wondering about the refundable vs non-refundable portions. The key thing to understand is that once you've already paid your employment taxes for those quarters (which you have since these are from 2020-2021), the IRS treats the entire ERTC amount as an overpayment refund. So yes, you should receive both the refundable and non-refundable portions in your checks. However, I'd echo what others have said about the timeline - don't count on exactly 4-6 weeks. Ours took about 8 weeks to arrive, and they came as separate checks for different quarters rather than one lump sum. Also make sure your mailing address is current with the IRS because these are paper checks, not direct deposits. One tip: when the checks do arrive, verify the amounts against what you claimed on your 941-X forms. We had one quarter where they made a calculation error that we had to call about (which was its own adventure trying to reach them). But overall, the process worked as expected once we understood that both portions would be refunded.
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Katherine Hunter
•This is super helpful, thank you! The point about verifying the amounts against what we claimed is something I hadn't thought about. Did you notice the calculation error right away when you got the check, or did it take some digging to figure out? Also, when you say they came as separate checks for different quarters - were they spread out over weeks or did they all arrive around the same time? I'm trying to get a sense of whether I should expect one big mailbox surprise or if they'll trickle in over time.
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