In Notice 2021-20 (pgs. 27-28, Answer 11), the IRS has released guidance that clarifies the meaning of "nominal impact." This guidance states that something is considered to have a nominal impact if it affects 10% or more of your business revenue-producing operations or hours.
These amounts are calculated in one of two ways:
- If the shutdown portion contributed 10% or more of a business's total gross receipts in the same 2019 calendar quarter
- If the hours of service performed by employees in the shutdown portion is 10% or more of the business's total hours of service performed by all employees in the same 2019 calendar quarter
However, if the shutdown portions of operations can be performed remotely in a comparable manner, then a business is not considered to have experienced a nominal impact.