Employee Retention Credit (ERC) Second Opinion and Risk Assessment

If you have already claimed ERTC for your business, you may now be questioning the accuracy of your claim—whether in terms of the amount or in terms of eligibility and substantiation—and our team of tax attorneys are here to help you. As skilled tax controversy attorneys, we have substantial experience with the audit process. We understand how best to respond to Form 4564, Information Document Request, and work with Revenue Agents in employment tax audits.

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Latest on ERC Processing Time & Fraud Alerts

Learn more about ERC refund processing time updates and fraudulent ERC provider details released by the IRS in 2023 and 2024.

Understand Your ERC Options

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.

ERC Litigation

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.

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ERC Resource Center

Need assistance with your ERC claim? Learn what ERTC services fit your needs!

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ERC Audits and Appeals

Has the IRS initiated an audit of your ERC claim or disallowed the credit? Get insights from experienced tax attorneys on how to properly evaluate and substantiate your claim.

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Problems with ERC Provider or PEO

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.

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Expedite Your ERC Refund

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.

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ERC Claim Denied?
You Have Options

An IRS denial does not mean you must lose your ERC refund. If a third-party provider filed an improper claim, our experienced tax attorneys can help you set things right with your claim.

Our law firm has a deep understanding of the complex ERTC regulations and will aggressively advocate for your interests, including taking your case to court if necessary.

HOW WE HELP

Do You Need a Second Opinion on Your ERC?

The ERC incentivized businesses to retain employees throughout the pandemic with a refundable payroll tax credit that has been a lifeline for many employers. However, fly-by-night return preparers and payroll processors, lacking scruples and a clear understanding of the CARES Act and subsequent legislation, are pushing business owners into over, or even under, claiming ERTC—and that can result in Form 941-X audits, which can then lead to serious consequences without proper documentation.

Our team has tracked pandemic relief legislation from PPP and EIDL in the beginning, through ERC claims and more. We are happy to help you understand what your business may be eligible to claim and can provide a second opinion if necessary.

Tax attorneys who will help your ERC Claim
The ERC Risk Assessment Team

Who will help you through your ERC Claim?

Meet the tax attorneys who can help you understand what to expect when claiming the ERTC and what to do if you are audited.

Partner Rebecca Sheppard, Esq.

As a former attorney for the Office of the Comptroller of Maryland, Rebecca’s current tax law practice is uniquely enhanced by the critical component of government perspective that she can offer when helping clients understand the full scope of what’s involved when maximizing tax credits and minimizing tax liabilities.

Partner Peter Haukebo, Esq.

Peter has provided individuals and businesses with sophisticated tax controversy assistance for more than a decade. In the ERC context, not only has Peter helped his own clients successfully navigate ERC requirements, he has committed countless hours to educating thousands of businesses, individuals, and other professionals across the nation about every aspect of the credit.

Client Testimonials

"I was referred to The Frost Law Firm through the National Restaurant Association for the ERC program. I am happy I chose them over the 100's of solicitations I have received over the past 6 months for the ERC program. The entire team at Frost Law were great to work with and always responded to any question I might have had. What also impressed me is that their fee did not increase when they informed me that my refund amount would be about double from the original amount and they did not charge me any additional fees to process my paperwork!  If you're reading reviews to determine who you want to represent you for the ERC program, you don't have to look any further!"

- Farmhouse KC
"Rebecca and her team at Frost Law were amazing. We met randomly through an online COVID business development series of webinars and she was so impressive, that I decided that I could trust her with my ERC filings. They did what was needed swiftly and professionally. I am in California and she in Maryland and there were no issues with that. I highly recommend Rebecca and her team for your tax needs even if she is in Maryland. I have even referred a client to her for another issue."

- Barbara K.

Frequently Asked Questions

I'm worried about my ERC claim. How do I know if it's accurate?

If you have concerns about your ERTC claim's accuracy, a second opinion from experienced tax attorneys provides peace of mind. We offer risk assessments and can identify potential issues, helping you avoid future audits.

I used an inexperienced preparer or an unlicensed firm for my ERC. Can you help?

Absolutely! We are experienced in reviewing ERC claims and identifying potential errors made by unqualified preparers. We will work to correct any mistakes and help you navigate any potential audit complications.

Is it worth getting a second opinion on my ERTC claim?

A second opinion can save you from significant penalties if your original claim was incorrect. Our risk assessment will help you determine the best course of action and weigh the potential benefits.

How do I know if my ERC claim is at risk of an audit?

Several factors might indicate an increased risk of an audit, including unusually large claims, working with unqualified preparers, or doubts about your eligibility. A risk assessment by tax attorneys well-versed in the ERC can help you pinpoint potential issues and take proactive steps.

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