The Employee Retention Credit (ERC) was originally intended to be in place for all four quarters of 2021. However, Congress recently eliminated the ERC for the fourth quarter of 2021. The Infrastructure Investment and Jobs Act has made the ERC only available for the first, second, and third quarters of 2021. There is an exception for new employers who began operations after February 15, 2020. New employers can qualify as a recovery startup business if their average annual gross receipts do not exceed one million for the three-taxable year period immediately preceding the quarter for which the ERC is claimed.