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Navigating the Complex Terrain of Employee Retention Credits (ERC)

Updated: Nov 15, 2023


Navigating the Complex Terrain of Employee Retention Credits (ERC)

Employee Retention Credits (ERC) have become a focal point for the IRS, with recent developments shedding light on their approach to these credits. Let's begin by understanding what ERC entails before delving into the updates that demand your attention:


Employee Retention Credits (ERC): ERC is a tax credit introduced to provide financial relief to businesses impacted by the COVID-19 pandemic. It's designed to incentivize employers to retain employees on their payroll, even during periods of economic uncertainty. The credit is available to eligible employers who meet specific criteria and is calculated based on qualified wages paid to employees.


Now, with a clear understanding of ERC, let's explore the recent IRS actions and their implications.

Temporary Halt on Processing New ERC Claims

1. Temporary Halt on Processing New ERC Claims


The IRS, in a surprising move as of September 14, 2023, announced a temporary suspension in processing new Employee Retention Credit (ERC) claims. This decision is primarily in response to a noticeable uptick in the number of erroneous or improper claims. While some have praised the IRS's intention to curtail the impact of these potentially invalid claims, it raises concerns, especially for businesses with genuine and time-sensitive claims.


Understanding the Implications: The temporary suspension means that, regardless of the validity of your ERC claim, there will likely be a delay in processing it. While the IRS's objective is to better scrutinize the eligibility of claims to ensure the tax credit's rightful recipients, this delay could affect businesses' financial planning.


Act Promptly to Secure Your Place: To mitigate the potential impact of this temporary halt, businesses should act proactively. If you have a legitimate ERC claim, it is advisable to submit it promptly. Although your claim may not be addressed until after the conclusion of the 2023 tax year, submitting it now will secure your place in the queue. This foresighted approach will help ensure that your valid claim receives the attention it deserves once the IRS resumes processing new ERC claims. It's a strategic move to safeguard your business's financial health amid these unique circumstances.

Slower Processing of Existing ERC Claims

2. Slower Processing of Existing Claims


The IRS's recent decision to slow down the processing of existing Employee Retention Credit (ERC) claims comes as a direct response to the overwhelming number of claims in their queue, which currently exceeds 600,000. This adjustment means that businesses with pending claims will experience extended waiting periods compared to the IRS's previous standard of a 90-day turnaround. The new timeline sets a processing goal of 180 days, and this period could stretch even longer for claims requiring additional scrutiny, such as reviews or audits.


The Importance of Patience and Documentation: For businesses with legitimate ERC claims, practicing patience is paramount during this period of processing adjustment. It's also advisable to ensure that you have comprehensive documentation supporting your claim. Robust documentation serves as your safeguard, allowing you to substantiate the validity of your claim when the IRS processes it.


Questionable Claims and Expert Guidance: If you have any doubts regarding the legitimacy of your ERC claim, it's wise to explore the guidance provided by the IRS in their document labeled "IR-2023-169" and consult with a qualified tax professional. This proactive approach will help you address any uncertainties surrounding your claim and take the necessary steps to resolve them. It's a crucial part of safeguarding your business's financial well-being in light of the extended processing timeline.

New IRS Q&A Document

3. New IRS Q&A Document


In a recent development, the IRS introduced a Q&A document with a rather striking title: "Client not convinced they’re ineligible for Employee Retention Credit? New IRS Q&A document may help." This headline has ignited concerns within the business and tax community, and for good reason. The tone of this headline appears to lean toward convincing businesses that they might not qualify for the Employee Retention Credit (ERC).


A Need for Clarity: Many experts and tax professionals believe that the IRS's approach should prioritize providing crystal-clear qualification guidelines. Instead of aiming to persuade businesses against claiming the ERC, the IRS's primary role is to offer guidance and support in adherence to tax regulations. The overarching mission of the IRS is to assist taxpayers in making accurate and lawful tax payments, not to create an environment of intimidation for taxpayers and their tax professionals.


The Value of Guidance: Clarity in qualification guidelines would not only help businesses navigate the complexities of the ERC but also contribute to the IRS's mission of promoting accurate tax compliance. Taxpayers should be empowered with a comprehensive understanding of their eligibility for tax credits, allowing them to make informed decisions while ensuring compliance with tax laws. The IRS's role in providing such guidance is pivotal in fostering trust and cooperation within the taxpayer community.

Beware of Red Flags for ERC

4. Beware of Red Flags


Despite its legitimacy, the Employee Retention Credit (ERC) has attracted the attention of aggressive marketing to businesses, including those who may not qualify for the credit. The IRS has raised a significant red flag in this regard, underscoring the need for businesses to exercise utmost caution.


The Targeting of the ERC: It's important to recognize that the ERC is a genuine and valuable tax credit meant to assist businesses. However, unscrupulous promoters have increasingly promoted it to entities that may not meet the qualification criteria. This has created a situation where unsuspecting businesses could fall into the trap of questionable claims.


The IRS's Warning: In a news release from September 14, 2023, the IRS has explicitly advised businesses to be vigilant and discerning when it comes to claiming the ERC. The agency emphasizes the potential risks of engaging with promoters who offer assistance with claims, especially when there's uncertainty about the validity of those claims.


Guarding Against Loss: Businesses must be proactive in safeguarding their financial interests. Falling prey to promoters who promise large credits in exchange for hefty fees can lead to significant financial losses. In the event that the IRS disallows a claim, the business not only loses the anticipated credit but also the fees paid to the promoter.


Rule of Thumb: A general rule of thumb to consider is to ensure the legitimacy of your claim before pursuing it. A legitimate ERC claim can be a valuable asset for your business, but the risks associated with pursuing questionable claims far outweigh the benefits. Exercise due diligence and seek professional advice when in doubt to protect your business's financial health.

IRS Ramps Up Hiring for Audits

5. IRS Ramps Up Hiring for Audits


In a relatively low-profile move that has drawn limited attention, the IRS is taking significant steps to reinforce its audit capabilities. The agency's hiring initiative involves bringing on board 3,700 new employees, with the primary objective of enhancing its audit functions. This development carries important implications for various segments of taxpayers.


Target Audiences: The IRS's hiring effort is not without specific focus areas. While broad in scope, it primarily aims to strengthen audit activities in key domains, including:


  1. High-Income Earners: The IRS is turning its attention toward high-income individuals, signaling a readiness to scrutinize their tax obligations with greater intensity. This shift underscores the importance of meticulous compliance for individuals in higher income brackets.

  2. Partnerships: Partnerships, a common business structure, will face an elevated level of scrutiny. This suggests that the IRS is intent on ensuring that partnership entities fulfill their tax obligations to the letter.

  3. Large Corporations: Large corporations are no exception to this proactive approach. The IRS's dedication to auditing this segment underscores the significance of corporate tax compliance and transparency.

  4. Promoters Under the Radar: Promoters engaged in peddling potentially abusive tax schemes are under the IRS's radar. The agency's intention is to thoroughly investigate and deter promoters from facilitating schemes that exploit tax loopholes to an unlawful extent.


Strengthening Oversight: By increasing its audit workforce, the IRS is better equipped to strengthen its oversight of tax compliance across these key segments. This development is a reminder of the need for comprehensive, accurate, and honest tax reporting and adherence to tax laws.


Stay Ahead of Audits: Given these developments, it's essential for taxpayers to maintain a proactive stance in their tax planning and compliance. This involves thorough record-keeping, adherence to tax regulations, and consulting with tax professionals when needed to ensure that their tax affairs are in order and fully compliant. By doing so, taxpayers can mitigate the risk of facing IRS audits and the potential consequences associated with them.

Navigating the Complex Terrain of Employee Retention Credits (ERC) Overview:

Navigating the Complex Terrain of Employee Retention Credits (ERC) Overview:

The rapidly evolving terrain of Employee Retention Credits (ERC) has brought about important changes. Recent IRS actions aim to ensure the accuracy of claims, which is undoubtedly vital. However, these measures can also impact legitimate claims, highlighting the significance of patience and meticulous documentation. In such a dynamic environment, staying informed and compliant with IRS regulations is pivotal.


If you have questions or concerns about ERC claims, seeking professional guidance is a strategic choice. Tax professionals possess the expertise to help you navigate the complexities of ERC claims effectively and ensure compliance with evolving IRS regulations. In these times of change, proactively safeguarding your claim's accuracy and seeking expert advice when needed can be the key to a successful ERC journey.


P3 Accounting is dedicated to providing tailored and informed tax solutions for businesses and individuals. If you have questions about ERC claims, our experienced team is ready to assist. We not only offer clarity on ERC eligibility but also provide strategies to ensure your claims are accurate, compliant, and well-documented.


Reach out to P3 Accounting today for confident navigation through ERC complexities and other tax-related matters. Your financial well-being is our priority, and we are committed to helping you achieve accurate, compliant, and efficient tax outcomes.


P3 Accounting is an expert accounting firm. We guide our clients by educating them and ensuring we are saving them the most legal tax.

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