Notice 2021-65 provides guidance regarding the retroactive termination of the employee retention credit in the fourth calendar quarter of 2021 for employers who are not recovery startup businesses. The notice provides guidance regarding how the rules apply to recovery startup businesses during the fourth quarter of 2021. The notice also provides guidance to employers who received an advance payment or reduced deposits in anticipation of claiming the employee retention credit, but who are ineligible to claim the credit due to the change in law, on how they pay the advance and timely make required deposits, as well as whether they are eligible for relief from penalties. 

Notice 2021-65 will be in IRB:  2021-51, dated December 20, 2021.