The Internal Revenue Service (IRS) recently announced the resumption of processing some Employee Retention Credit (ERC) claims, with a focus on those considered “low risk.” This move comes after a 10-month moratorium implemented to investigate fraudulent activity surrounding these claims. In the same announcement, the IRS communicated its plans to deny tens of thousands of improper high-risk ERC claims.
During the processing freeze, the IRS conducted an extensive review of ERC claims. The results of this investigation have raised significant concerns and shed light on the scale of potentially fraudulent or erroneous claims. According to the IRS, between 10% and 20% of the claims it analyzed fall into what the agency considers the highest-risk group. An estimated 60% to 70% of claims show what the IRS terms an “unacceptable level of risk.” While not as clearly problematic as the high-risk group, these claims have raised red flags that the agency believes warrant further scrutiny. The remaining claims, approximately 10% to 20%, are considered low-risk, and according to the IRS, “some of the first payments in this group will go out later this summer.”
What This Means for Business Owners
If you’ve filed an ERC claim or are considering doing so, here’s what you need to know:
- Claims Filed Before September 14, 2023: If you submitted your ERC claim before the moratorium started on September 14, 2023, the IRS states that no additional information or action is required from you at this time. These claims will continue to be processed on a first-in, first-out basis, and taxpayers should await further notification from the IRS.
- Claims Filed On or After September 14, 2023: If you submitted your claim on or after this date, your claim is expected to remain in the processing queue at the IRS indefinitely. The IRS has not provided a timeline for when these claims might be addressed.
- Preparing for Potential Audits: Given the high level of scrutiny the IRS is applying to these claims, business owners should be prepared for the possibility of audits or requests for additional information, even if their claims are eventually approved.
If you’re concerned about the status of your claim, have been contacted by the IRS about your claim, or have other questions about the claims process, please contact your Fraser Trebilcock attorney.
This alert serves as a general summary and does not constitute legal guidance. Please contact us with any specific questions.
Robert D. Burgee is an attorney at Fraser Trebilcock with over a decade of experience counseling clients with a focus on corporate structures and compliance, licensing, contracts, regulatory compliance, mergers and acquisitions, and a host of other matters related to the operation of small and medium-sized businesses and non-profits. You can reach him at 517.377.0848 or at bburgee@fraserlawfirm.com.
Fraser Trebilcock attorney Paul V. McCord has more than 20 years of tax litigation experience, including serving as a clerk on the U.S. Tax Court and as a judge of the Michigan Tax Tribunal. Paul has represented clients before the IRS, Michigan Department of Treasury, other state revenue departments and local units of government. He can be contacted at 517.377.0861 or pmccord@fraserlawfirm.com.