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The IRS Places Moratorium on ERTC Claims

January 11, 2024

The IRS Takes Action Against Improper ERTC Claims 2

Recent announcements by the IRS indicate a temporary halt on new Employee Retention Tax Credit (ERTC) claims until the end of the year. The primary reason? A surge in unethical practices by certain companies trying to benefit from the ERTC, without a genuine concern about the possible long-term repercussions for employers.

Mass advertising, through various channels such as TV, radio, phone calls, and mailed marketing materials, has led to a rise in fraudulent claims, forcing the IRS to take strict measures. 

Decoding the Eligibility

In its effort to help genuine taxpayers, the IRS has prepared an in-depth Employee Retention Credit Eligibility Checklist. Here's a quick snapshot of what to consider:

Part A: Checking your eligibility

  • Operation between March 13, 2020, and December 31, 2021.
  • Not self-employed without employees or a household employer.
  • Experienced significant decline in gross receipts or faced government-ordered suspensions due to COVID-19.
  • Recovery startup businesses and specific conditions.
  • Supply chain disruptions don't automatically qualify for the ERTC.

Part B: Claiming the ERC if you're eligible

  • Ensure thorough record-keeping.
  • Work with trusted tax professionals and consult IRS resources.

Part C: Resolving an improper ERC claim

  • Options for withdrawal of an erroneous claim.
  • IRS settlement initiative for incorrect ERC claims.

Implications of the Moratorium:

The immediate effect is the extended processing duration. Any ERTC claim made will be queued for processing only after the moratorium is lifted. From the standard 90 days, processing claims can now stretch up to 180 days or even longer, depending on reviews and audits.

Danny Werfel, the IRS Commissioner, expressed his concern about the rise in dubious claims. Stressing on the importance of being cautious, Werfel advised businesses to consult tax professionals with a sound understanding of the intricate ERTC rules.

The IRS also emphasized the soon-to-be-available option for businesses to withdraw their ERTC claims that haven't been processed, which is especially beneficial for businesses misled by promoters.

Stay Alert

With fraudulent claims rising, the IRS has outlined red flags for businesses to identify aggressive marketing and dubious ERTC claims. The key takeaway is for taxpayers to independently verify their eligibility to prevent potential setbacks.

In these challenging times, it's vital to approach the ERTC with caution and integrity. For employers contemplating the ERTC, it's an opportune moment to understand the intricate eligibility requirements and make informed decisions. Our team at Complete Payroll is here to guide you through these times, ensuring you're on the right track.


About the Author

ertc moratorium portraitRick Fish, Jr., COO (C.P.P)

Rick Fish, Jr., is a former CEO and current COO (Chief Operations Officer) at Complete Payroll, as well as a Managing Partner at the company. Rick is a Certified Payroll Professional (C.P.P) as designated by the American Payroll Association (APA), and a licensed Life, Accident, and Health Insurance Agent. Rick graduated Magna Cum Laude from the State University of New York at Oswego with a B.S. in Accounting.

DISCLAIMER: The information provided herein does not constitute the provision of legal advice, tax advice, accounting services or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional legal, tax, accounting, or other professional advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation and for your particular state(s) of operation.

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