Navigating Employee Retention Tax Credit Audits

What Business Owners Need to Know

Employee Retention Tax Credits (ERTC) were a beacon of hope for many businesses during the turbulent times of the pandemic, providing substantial tax credits to employers who retained their staff. However, these lifelines come with their own sets of challenges, particularly Employee Retention Tax Credit audits. These audits are designed to ensure compliance and accuracy in the claims made by businesses.

Understanding ERTC Audits

An ERTC Audit is a meticulous review conducted by the IRS to validate whether a business accurately assessed its eligibility and correctly calculated the ERTC. This audit is essential for maintaining the integrity of the tax system and for preventing fraudulent claims and errors.

What’s Needed for ERTC Audits

When a business is targeted for an ERC audit, it may be asked to produce the following records with only 10 business days to reply:

  • Employee and owner records

  • Payroll data

  • Gross receipts for 2019-2021

  • Previously filed tax forms

  • The names of all parties with interest in the business

  • A detailed calculation of the ERC credit for each employee

  • Notices of operational suspension during the eligibility period

  • Copies of relevant Covid Orders used to justify a full or partial suspension of operations

  • Documentation to substantiate a 10% “nominal disruption”

  • Paycheck Protection Program (PPP) application and loan forgiveness documentation

Maintaining organized and accurate records, ensuring the appropriate classification of wages, and correctly applying the credit calculation methodologies are paramount to substantiating your claim during an audit.

Addressing the Complications

ERTC audits can be complex and taxing for business owners, particularly small and medium-sized enterprises, who might lack the resources to address the scrutiny. It is paramount to approach these audits with precision and a thorough understanding of the legislation and guidelines surrounding the ERTC. Employing the services of tax professionals or consultants can significantly alleviate the burden and ensure adherence to compliance requirements.

In a landscape where regulatory compliance is non-negotiable, preparing for Employee Retention Tax Credit Audits is crucial. Business owners should proactively secure all requisite documentation, ensure accuracy in their ERTC claims, and seek professional advice to navigate the audit labyrinth efficiently.

If you’ve taken advantage of the ERTC, consider initiating an internal review of your claim. Reach out to me to assess your readiness for a potential audit and to rectify any discrepancies in your documentation or calculations.

By acting proactively, you can mitigate the risks and ensure that your business is well-positioned to validate its claim, securing the crucial financial relief provided by the Employee Retention Tax Credit.

So, act now! Secure your records, review your claims, and ensure your peace of mind in the face of impending audits.

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IRS Pauses New Employee Retention Credit Claims—What You Need to Know