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As a business owner, you may have heard about or even claimed the Employee Retention Credit (ERC), a pandemic-era tax relief measure designed to help businesses keep workers employed during difficult times. However, recent developments at the IRS have created new challenges for those seeking this credit. Let’s break down what’s happening and what it means for you.
The ERC Situation: A Quick Recap
The Employee Retention Credit was created in 2020 as part of the government’s COVID-19 relief efforts. It offered eligible employers up to $26,000 per employee in refundable tax credits. While the program was a lifeline for many businesses, it also became a target for fraud and questionable claims, especially after the acute phase of the pandemic.
The IRS Crackdown: What’s Happening Now?
- Moratorium on New Claims: In September 2023, the IRS placed a moratorium on processing new ERC claims due to concerns about widespread fraud and ineligible applications.
- Backlog Processing: The IRS is now working through a backlog of 1.4 million tax returns claiming the ERC.
- New Evaluation System: The agency has implemented a new system to sort through claims, categorizing them as low-risk, high-risk, or requiring further analysis.
- Initial Rejections: In July 2024, the IRS issued its first batch of 28,000 claim denials, focusing on what they considered “high-risk” applications.
Challenges and Concerns
While the IRS aims to separate legitimate claims from fraudulent ones, the process hasn’t been smooth sailing:
- Erroneous Denials: Tax professionals report that some legitimate claims are being incorrectly denied. Common errors include:
- Delayed Refunds: Many businesses with seemingly valid claims are still waiting for their refunds, causing financial strain.
- Limited Resources: Despite recent funding increases, the IRS lacks resources to thoroughly audit most ERC claims or handle the potential flood of appeals and litigation.
What This Means for Business Owners
- Be Patient: If you’ve submitted an ERC claim, be prepared for potential delays in processing.
- Keep Thorough Records: Maintain detailed documentation of your eligibility for the credit, including quarterly revenue data and evidence of how government orders affected your business.
- Review Denial Letters Carefully: If you receive a denial, review it thoroughly. Consult with a tax professional to determine if the denial appears to be in error.
- Know Your Rights: If your claim is denied, you have the right to appeal through the IRS appeals office or, in some cases, federal court.
- Stay Informed: Keep an eye on updates from the IRS and tax professionals regarding the ERC situation.
Looking Ahead
The IRS has stated that it’s confident in the accuracy of about 90% of its recent denials, but it’s also open to feedback and potential “course corrections” in its evaluation process. IRS Commissioner Danny Werfel has indicated that the agency will soon accelerate the processing of claims.
For business owners, the key takeaway is to remain vigilant and prepared. If you believe you have a legitimate claim to the Employee Retention Credit, don’t be discouraged by the current challenges. Instead, ensure your documentation is in order and consider seeking professional tax advice to navigate this complex situation.
Remember, while the ERC has been a valuable tool for many businesses, it’s crucial to claim it only if you truly qualify. The ongoing IRS scrutiny underscores the importance of accuracy and honesty in all tax-related matters.
