IRS Pauses New Employee Retention Credit Claims—What You Need to Know
The IRS is cracking down on fraud related to the Employee Retention Credit (ERC), a program meant to help businesses keep employees on payroll during the pandemic.
They're putting a halt on new ERC claims until at least the end of 2023 and allowing people to withdraw unpaid claims.
There will also be a settlement option for those who got money they shouldn't have, to pay it back without extra penalties.
All of this is being done to stop fraudsters who are helping businesses make false claims to get money they're not eligible for, while also protecting honest small businesses.
Actionable Checklist
By following these steps, you can navigate the complexities of the Employee Retention Credit and ensure you're staying on the right side of the law.
Pause New Claims: If you were planning on applying for the ERC, hold off for now. The IRS has stopped accepting new applications until the end of 2023.
Check Previous Applications: If you have an ERC claim that's not yet processed, be aware that it will take longer due to stricter reviews. The timeline has been extended from 90 to 180 days.
Withdraw Option: If you have an unprocessed claim and you're worried it might be incorrect, keep an eye out for IRS guidelines on how to withdraw it. This will save you from potential repayment headaches and fees.
Settlement Program: If you received the ERC erroneously, look out for IRS details on how you can settle and repay without additional penalties.
Be Wary of Promoters: If someone offers to help you get the ERC for a fee, be extremely cautious. These are often scams. Instead, rely on a trusted tax professional for advice.
Look for Red Flags: Avoid vendors that require large upfront fees or fail to sign amended payroll tax returns. These could be signs of fraud.
Consult IRS Resources: The IRS has a flowchart to determine if you were eligible for the ERC. Make sure you review this if you have concerns about your eligibility.
Seek Professional Advice: If you're unsure about any of this, consult with me to provide authoritative advice, rather than relying on promoters or unofficial sources.
Stay Updated: Keep an eye on IRS announcements for any updates on the ERC, especially if you have an unprocessed claim or if you're considering making one when the moratorium lifts.
If you have any questions about a claim you submitted, or one you were thinking about submitting, please give me a call.