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Other CARES Act Provisions
12 Months Ended
Dec. 29, 2021
Unusual or Infrequent Items, or Both [Abstract]  
Other CARES Act Provisions Other CARES Act Provisions
The CARES Act allowed eligible employers to claim employee retention tax credits (“ERTC”) for qualified wages paid after March 12, 2020 and before January 1, 2021. The ERTC was extended to June 30, 2021 under the passage of the Taxpayer Certainty and Disaster Relief Act of 2020 (“ACT”) which was signed into law on December 27, 2020.

We qualified for the credit for the entire period subsequent to March 12, 2020 through January 1, 2021 under the provisions of the CARES Act as (1) our business operations were fully or partially suspended due to government COVID-related orders limiting our business and (2) our gross receipts during a calendar quarter in 2020 were below 50% of the gross receipts for the same calendar quarter in 2019 and our sales never returned to 80% of 2019’s sales in any quarter within 2020. The amount of the credit for 2020 is 50% of qualified wages paid not to exceed $10,000 per person during 2020.

We qualified for ERTC under the ACT for the entire period subsequent to January 1, 2021 through June 30, 2021 as (1) having a reduction of sales greater than 20%. This measurement was made either against sales for the corresponding quarter in 2019 or against the preceding quarter compared to the corresponding quarter of 2019. This alternative method was used in the second quarter of 2021 since the first quarter sales in 2021 were less than 80% of the corresponding sales in the first quarter of 2019. In addition, the Company qualified using the direct suspension of operation under a governmental order in many of its operating locations during the second quarter of 2021.

The new ACT increased the credit to 70% for qualified wages up to $10,000 per employee for the first two quarters of 2021.

The total amount of credits recorded in 2021 related to the ERTC was $0.8 million, of which $0.3 million was included as a component of costs of company restaurant sales and $0.5 million was included as a component of general and administrative expenses in our Consolidated Statement of Operations for the year ended December 29, 2021.

The total amount of credits recorded in 2020 related to the ERTC was $2.6 million, of which $0.9 million was included as a component of costs of company restaurant sales and $1.7 million was included as a component of general and administrative expenses in our Consolidated Statement of Operations for the year ended December 30, 2020.

In addition, as allowed under the CARES Act, we deferred $3.1 million of our portion of FICA taxes in 2020 which were paid in 2021.