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hi im rebecca shepard im an attorney here at frost law and im here to answer all your questions regarding the employee retention credit how do i claim the employee retention credit the employer retention credit is claimed through your 941 payroll tax form its a credit claim where youre asking for a refund on the form now most of you should have already filed your 940 ones for your business and so its going to be claimed through a 941x and needs to be paper filed through the irs