09/03/2026
The ERC was written in an emergency and administered by refund check, which means the IRS paid claims fast and now has to reach backwards through a much larger pile to find the bad ones. The 2023 moratorium and the current wave of document requests are that reach. Three eligibility routes to defend on: full or partial suspension by government order, significant decline in gross receipts (50% for 2020, 20% for 2021), or recovery startup business status (Q3/Q4 2021 only).
Documentation the IRS wants. Copies of the actual government orders you claimed suspension under, calendar showing suspension dates by quarter, gross receipts comparison worksheets, and wage detail by employee by quarter. Vague “COVID impact” or “supply chain issue” language without specific order citations gets denied.
What OBBBA changed. §70605(d) disallowed Q3/Q4 2021 claims filed after January 31, 2024 as to amounts unpaid on July 4, 2025. Assessment period extended from 5 years to 6. VDP with 80% repayment closed late 2024.
THE FIX:
Respond to any IRS document request within the stated window. Extension available but requires written request.
Pull the actual government orders you claimed suspension under. Specific state or local citations required; generic references get denied.
Build gross receipts comparison worksheets by quarter for route 2 claims. 50%/20% decline vs same quarter of prior year.
Retain tax controversy counsel if the claim is $100K+. Promoter engagement letters don’t cover audit defense.
We do a free 48-hour audit of your construction books. We review what you’ve got, flag where you’re exposed, and send back what it’s actually costing you, within 48 hours.
Comment “AUDIT” and we’ll send the link over.
This content is for educational purposes only. Every business is different. Before making any changes to your books, reach out to us for guidance specific to your situation.