ERC Audits, Appeals, and Litigation
Our ERC audit process is designed to provide businesses with a detailed analysis of the viability of their claims. Our experience as tax attorneys will equip your business with accurate and actionable insights to help you secure your refund and mitigate risks.
Our tax lawyers understand procedural rights and they have a substantial amount of 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.
Moreover, having a tax law firm involved early in the process allows the taxpayer to evaluate all options. If a resolution cannot be reached with the IRS Revenue Agent and their Manager, the taxpayer is entitled to an Administrative Appeal with an IRS Appeals Officer who has not had previous involvement with the case. Finally, If an agreement cannot be reached administratively, the taxpayer has the right to file an action in the United States District Court or the Court of Federal Claims. The taxpayer can then work with the Department of Justice Tax Attorney on resolution or proceed to trial on their entitlement to the Employee Retention Credit.
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 Resource Center
Need assistance with your ERTC claim? Learn what ERC services fit your needs with help from our tax attorneys.
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.
ERC Second Opinions, Withdrawals, and Voluntary Disclosures
If you have doubts about the accuracy of your existing ERTC claim or worry about potential audit risks, Frost Law offers second opinions and risk assessments for your claims.
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.
ERTC 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 ERC regulations and will aggressively advocate for your interests, including taking your case to court if necessary.
Maximize Your Refund: Second Opinion on Your ERC Claim
Are you unsure if you claimed the full Employee Retention Tax Credit you deserve? Frost Law can help. Our tax attorneys can offer a free second opinion on your ERC filing to ensure you maximized your refund.
Client testimonials
- Mitch/Erika E.
- Barbara K.
Meet the ERC Team
Email or call our team today for a no-cost ERC eligibility analysis. You owe it to yourself to make sure you are not leaving money on the table.
Frequently Asked Questions
Letter 6612 means the IRS is auditing your ERTC claim. You have 30 days to provide extensive documentation proving your eligibility. Failure to do so could result in your claim being denied. This is a serious situation, and seeking legal counsel is advisable.
The IRS document requests differ based on how you qualified for the ERC. Generally, expect to provide:
- Government orders if you qualified based on business suspension
- Proof of significant revenue decline if you qualified through gross receipts
- Records showing ERTC was not double-dipped with PPP or other relief programs
- Tax returns, PPP loan details, and more
It's possible, but don't assume it's automatic. You'll need to contact the IRS and provide compelling reasons why you need more time to gather the documentation. An experienced tax attorney can assist with this process.
Yes, you have options. You can file a formal protest with the IRS Office of Appeals or take your case to federal court. Both paths have pros and cons, and it's wise to consult a tax attorney to determine the best strategy for your situation.
