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IRS Disallowing 20,000 Employee Retention Credit (ERC) Claims

Article Highlights:

  • Initial ERC Claim Disallowance Letters Issued

  • Dubious TV Promotions

  • Claim Withdrawal Process

  •  How These Letters Help Taxpayers

In its ongoing effort to combat questionable Employee Retention Credit (ERC) claims, the IRS has sent more than 20,000 letters advising taxpayers that the agency is disallowing their claims. This initial batch of letters is going to businesses that did not exist or did not have paid employees during the eligibility period (March 13, 2020, and December 31, 2021) to claim the claim the credit.

 We previously posted a September 29th article cautioning business owners to be cautious of the aggressive marketing on TV related to ERC claims which was followed by a November 9th article that included a procedure for those who made ineligible clams to withdraw the claims and avoid future problems with the IRS.

These disallowance letters have identified ineligible claims before they're paid, and:

  • Help ineligible taxpayers avoid audits, repayment, penalties, and interest, as well as

  • Protect taxpayers by preventing an incorrect refund from going to an ERC promoter.

This is only part of the IRS’s enforcement activities, and the IRS plans additional letters in the future. The IRS continues to warn taxpayers to use extreme caution before applying for the ERC as aggressive maneuvers continue by marketers and scammers. However, those who willfully filed a fraudulent claim, or those who assisted or conspired in such conduct, should be aware of potential criminal investigation and prosecution.

Please contact this office with questions or assistance.

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Securities offered through PFS Investments Inc., member FINRA & SIPC. Investment advisory services may be offered through PFS Investments Inc. or, where applicable, through a separately registered investment adviser. Paul D. Diaz is an IRS Enrolled Agent & IRS Certifying Acceptance Agent and provides ITIN/W-7, tax preparation, tax resolution, and tax advisory services through THE TAX CUTTERY®, an independent firm. Tax services are not offered through PFS Investments Inc. or its affiliates and are solely the responsibility of THE TAX CUTTERY®. This message is not intended as an offer or solicitation in any jurisdiction where such offer or solicitation would be unauthorized. All investments involve risk, including the potential loss of principal. Past performance is not indicative of future results.

Paul D. Diaz, EA, MBA, has unlimited representation rights before the Internal Revenue Service.