12/08/2023
ERC UPDATE!!!
The IRS announced yesterday that it has sent more than 20,000 letters notifying taxpayers of their disallowed ERC claim. And that’s just round one. The IRS expects to send additional letters as it continues its increased scrutiny of ERC claims in response to numerous marketing campaigns that have targeted small businesses and other organizations.
In response to the excessive fraud being seen with the credit, the IRS announced last September a temporary pause for the cause on processing new ERC claims until at least the end of 2023.
Two Problem Areas
The first batch of letters sent by the IRS to taxpayers this week identify two problem areas, which include ineligibility for the ERC because the entity did not exist or did not have employees during the time period for which the credit was claimed. The ERC applies to qualified wages for periods between March 13, 2020, and December 31, 2021, thus entities established after December 31, 2021, are not entitled to the credit.
Unfortunately, many legitimate ERC claims are also getting caught up in the disallowance mix. The IRS acknowledges that this may be the case and provides taxpayers with related information in the disallowance letter, which explains how the taxpayer can respond with documentation supporting their eligibility or claim amount, or file an administrative appeal.
If you feel that you are not entitled to ERC the IRS Offers an ERC Withdrawal Program
The IRS continues to accept and process taxpayers’ requests to withdraw ERC claims under its “special withdrawal process.” At this time, taxpayers have until at least the end of the year to request a withdrawal.
If you should any questions please feel free to reach out to me.