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Are you looking to file for the Employee Retention Credit (ERC)? Do you have concerns about your ERTC refund claim? Whether you need a second look, are facing an IRS audit or appeal, need assistance in obtaining your refund, or want to litigate your claim, our tax attorneys can help you.
Learn more about ERC refund processing time updates and fraudulent ERC provider details released by the IRS in 2023 and 2024.
Our ERC Practice is your one-stop destination for all things related to the Employee Retention Tax Credit. Whether you need a second opinion regarding eligibility, representation in an audit, or information about your ERC refund claim, our team of professionals are here to assist you every step of the way.
The IRS is cracking down on Employee Retention Credit (ERC) claims. If your claim is denied or stalled, ERC litigation may be your best recourse. This process involves suing the IRS to recover your rightful credit.
Has the IRS initiated an audit of your ERC claim or disallowed the credit? Get insights from experienced tax attorneys on how to defend the position.
If you encountered roadblocks from your Professional Employer Organization (PEO) in filing your ERC claims or believe that an ERC company incorrectly analyzed and/or calculated your credit, there are legal remedies available.
If you have doubts about the accuracy of your existing ERC claim or worry about potential audit risks, Frost Law offers second opinions and risk assessments for your claims.
If your ERC refund is delayed which is causing an undue financial hardship, there are two ways we can help. First, we can try to expedite your claim through the Taxpayer Advocate Service (TAS) by filing a 911 claim. Second, we can file a refund suit in either the United States District Court or the Court of Federal Claims.
✅ Full shutdowns
✅ Partial shutdowns
✅ Interrupted operations
✅ Supply chain interruptions
✅ Inability to access equipment
✅ Limited capacity to operate
✅ Inability to work with your vendors
✅ Reduction in services or goods offered to your customers
✅ Cut down in your hours of operation
✅ Shifting hours to increase sanitation of your facility
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Stuck waiting for your ERC refund? The Taxpayer Advocate Service (TAS) could help. Learn how TAS assists with IRS delays and expedites your claim.
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The ERC is a refundable tax credit for employers introduced early in the COVID-19 pandemic to help employers keep their employees on payroll.
There are three steps to applying for the ERC.
As of April 15, 2024, businesses can no longer claim qualified wages paid during 2020.
However, qualified wages paid during 2021 can still be claimed until April 15, 2025.
The IRS has currently placed a processing moratorium on ERC claims which has caused significant delays. It may take over 8 months to receive your ERC refund at this point.
If you incorrectly claimed the ERC and received a refund, you may have to repay it with possible interest or penalties.
If your claim has not yet been processed or paid, you may be able to withdraw your claim.
The process by which you can withdraw your claim depends on whether your claim is under audit and whether you have already received your refund.
Read our article, “IRS Releases ERC Withdrawal Process Details”, for a more thorough explanation.
The IRS has been mailing Letter 6612 to employers with pending ERC claims as a notice that the organization is auditing your tax return claiming the ERC refund. Any refund will be held until the audit is concluded.
Read our article, “IRS Rapidly Increasing ERC Examinations by Sending Letter 6612 to Employers”, to learn more.
Some ways to expedite the processing of the Employee Retention Credit is by filing a refund lawsuit or utilizing the Taxpayer Advocate Service.
Read more about these methods and whether you can use them in our article, “Expediting your ERC Refunds with the IRS”.
A notice of disallowance states that all or part of a refund is disallowed. A taxpayer has 30 days from the date on the notice of disallowance to appeal.
Read more about what should be included in your appeal and what to expect after it in our article, “Appealing the Disallowance of ERC Refund Claim”.
