Generally, the credit for qualified sick and family leave wages, as enacted under the Families First Coronavirus Response Act (FFCRA) and amended and extended by the COVID-related Tax Relief Act of 2020, for leave taken after March 31, 2020, and before April 1, 2021, and the credit for qualified sick and family leave wages under sections 3131, 3132, and 3133 of the Internal Revenue Code, as enacted under the ARP for leave taken after March 31, 2021, and before October 1, 2021, have expired. The COVID-19 related credit for qualified sick and family leave wages is limited to leave taken after March 31, 2020, and before October 1, 2021. For more information, see the Instructions for Form 941-X. However, in those cases, the credit must be claimed on a Form 941-X, Adjusted Employer's QUARTERLY Federal Tax Return or Claim for Refund. Under some rare circumstances, it may be possible for a premium payee to become entitled to the COBRA premium assistance credit after the first quarter of 2022.

Therefore, due to the COBRA notice and election period requirements (generally, employers had 60 days to provide notice and assistance eligible individuals had 60 days to elect coverage), the first quarter of 2022 was the last quarter in which most employers may have been eligible to claim the COBRA premium assistance credit.

A premium payee was entitled to the COBRA premium assistance credit at the time an eligible individual elected coverage. This COBRA premium assistance was available for periods of coverage beginning on or after April 1, 2021, through periods of coverage beginning on or before September 30, 2021. Section 9501 of the American Rescue Plan Act of 2021 (the ARP) provided for COBRA premium assistance in the form of a full reduction in the premium otherwise payable by certain individuals and their families who elected COBRA continuation coverage due to a loss of coverage as the result of a reduction in hours or an involuntary termination of employment (assistance eligible individuals). The COBRA premium assistance credit lines have been “Reserved for future use” on Form 941 because the first quarter of 2022 was the last quarter in which most employers may have been eligible to claim the COBRA premium assistance credit. Credit for COBRA premium assistance payments.

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