IRS on Employee Retention Credit Scams (2024)

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Employee Retention Credit (ERC) scams have been on the rise since the implementation of the CARES Act, putting businesses at risk when seeking tax credits.

These scams are orchestrated by individuals or companies posing as legitimate ERC consultants, posing a significant threat to businesses aiming for tax relief.

Understanding these tax scam strategies is crucial for businesses to avoid fraudulent activities and remain compliant with the IRS tax credit program.

Marty Stewart, CSO of Disaster Loan Advisors, Highlights IRS Guidelines

Marty Stewart, Chief Strategy Officer (CSO) with Disaster Loan Advisors (DLA), emphasizes the importance of IRS guidelines in combatting ERC scams. The IRS has provided crucial insights into the functioning of ERC scams and offers effective measures to ensure business security and protection.

Furthermore, Stewart advises businesses to stay informed about these guidelines to safeguard their interests.

Business Owner Guidance: Key Takeaways for the Employee Retention Tax Credit

In order to protect their businesses from ERC scams, business owners should keep the following key takeaways in mind:

Recognizing Red Flags and Taking Proactive Measures

Business owners should be aware of red flags that indicate potential ERC scams. Illegitimate ERC consultants may inflate eligibility, submit erroneous claims, engage in identity theft, file false claims, exaggerate salaries and wages, seek credits for disqualified employees, or charge an ERC contingency fee.

By recognizing these warning signs, business owners can take proactive measures to safeguard their businesses against fraud.

Ensuring Financial Stability and Compliance

To ensure financial stability and long-term success, business owners must stay informed about ERC scams and actively protect their businesses from fraudsters.

Working with established professionals, insisting on personal communication, understanding ERC requirements, inquiring about defense against IRS audits, and establishing a realistic time frame for receiving the credit are essential steps in achieving compliance and safeguarding businesses against fraudulent activities.

Understanding Employee Retention Credit (ERC) Scams

ERC scams encompass various fraudulent activities aimed at exploiting businesses seeking the ERC tax credit. These scams include illegitimate ERC consultants, erroneous eligibility claims, identity theft, false claims, inflated salaries and wages, and seeking credits for disqualified employees.

Illegitimate ERC Consultants and Exploitative Practices

Illegitimate ERC consultants pose a growing threat to business owners, misrepresenting themselves as seasoned tax professionals and promising lucrative tax credits under the CARES Act. They charge exorbitant fees to secure these credits and engage in fraud, such as creating false documents or using fabricated employee information.

Submitting Erroneous Eligibility Claims and the Risks Involved

Submitting erroneous eligibility claims is a common tactic employed by ERC scammers, misleading businesses about their qualification for the credit. However, such actions can attract IRS scrutiny and lead to severe penalties for tax fraud.

Identity Theft and its Role in ERC Scams

Identity theft is another method used in ERC scams, with fraudsters posing as ERC consultants or tax professionals to extract sensitive company information. This stolen data enables them to file false claims under the business owner’s name, diverting funds to their accounts and damaging the business’s finances and reputation.

Filing False Claims and Exaggerating Salaries

ERC scammers often file false claims, providing fraudulent information to claim credits they are not entitled to. Additionally, scammers employ the tactic of exaggerating eligible salaries and wages, inflating these figures to fraudulently claim higher credits. These deceitful practices can result in penalties, tax liabilities, and damage to a company’s reputation.

Seeking Credits for Disqualified Employees

Some scammers seek ERC credits for disqualified employees, attempting to include ineligible individuals in their claims. This can lead to serious consequences, including penalties and legal issues for businesses that unknowingly fall victim to such schemes.

Recognizing Red Flags and Protecting Against Fraud

By staying informed and exercising caution, business owners can protect themselves from falling victim to employee retention credit scams.

They must be vigilant about red flags that indicate potential ERC fraud, such as a lack of specific information, premature determinations of eligibility, charging high percentages of recovered taxes, and promises that appear too good to be true.

Taking these warning signs seriously is crucial in safeguarding their businesses.

About Disaster Loan Advisors Employee Retention Credit Services

Disaster Loan Advisors is a team of financial tax professionals and ERC consulting specialists dedicated to helping businesses navigate the ERC program. They possess extensive experience in assisting businesses with ERC claims and demonstrate a commitment to delivering professional services at a reasonable fee.

By guiding businesses through the complex ERC filing process, Disaster Loan Advisors ensures compliance with IRS rules and regulations while maximizing the full value of the ERC credit program.

Sources: THX News & Disaster Loan Advisors.

Tags: Business complianceEmployee Retention CreditEmployee Retention Credit (ERC)ERC consultantsERC eligibilityFraudulent activitiesIRS guidelinesMaximizing ERC creditsProtecting businessesRed flagsTax relief scams

IRS on Employee Retention Credit Scams (2024)

FAQs

IRS on Employee Retention Credit Scams? ›

The IRS is urging people to beware of ads that promise big money by claiming the employee retention tax credit. This is a real tax credit that helps businesses that were affected by the pandemic – but scammers are telling people they qualify when they don't. The scammer takes a fee and your personal information.

Is the IRS warning about ERC credit? ›

Signs an ERC claim could be incorrect

Here are common red flags IRS is seeing on ERC claims: Too many quarters being claimed. Some promoters have urged employers to claim the ERC for all quarters that the credit was available.

Is the IRS still sending out ERC checks? ›

In fall 2023, the IRS enacted an immediate moratorium on processing new ERC claims received on and after Sept. 14, 2023, which the IRS said was due to an increase in ERC scams and fraud. The moratorium was initially effective until at least Dec. 31, 2023; however it has now been extended for the foreseeable future.

Will the IRS audit the ERC credit? ›

The IRS may conduct an ERC audit to verify that an employer has accurately calculated and claimed the credit in accordance with the provisions of the CARES Act and subsequent legislation. However, claiming the ERTC does not automatically trigger an audit.

Is the employee retention credit program real? ›

The Employee Retention Credit (ERC) – sometimes called the Employee Retention Tax Credit or ERTC – is a refundable tax credit for certain eligible businesses and tax-exempt organizations. The requirements are different depending on the time period for which you claim the credit.

What are the red flags for ERC? ›

Warning signs to avoid include:

Unsolicited calls or advertisem*nts mentioning an "easy application process." Statements that the promoter or company can determine ERC eligibility within minutes. Large upfront fees to claim the credit.

What are the risks of ERC credit? ›

An ERC examination is a great risk to business because they will have to pay penalties, interest, and possibly lose the ability to deduct wages. In order to preserve the opportunity to request a refund it is important that all businesses file a Protective Refund Claim.

Do I have to pay taxes on my ERC refund? ›

TAXATION OF ERC

The ERC refund is not taxable when received, however, wages equal to the amount of the ERC are subject to expense disallowance rules.

Do I have to amend my tax return for ERC credit? ›

Amended Tax Return Requirements

Specifically, 2020 ERC claims require an amended 2020 corporate tax return to reduce the salary and wage deductions by the total amount of credits claimed associated with 2020 quarters.

What disqualifies you from ERC? ›

To qualify for the ERC, you need at least one full-time employee that you pay wages on a payroll. Sole proprietorships are ineligible to receive ERC benefits because the IRS doesn't count owners' wages as qualifying wages for the ERC.

Why am I getting calls from ERC? ›

ERC is a legit debt collection agency that is located in Jacksonville, Florida. If ERC contacts you or you see ERC on your credit report, you may have unpaid debts that they are trying to collect. If you do not have any outstanding debts and believe ERC has made a mistake, you will need to take steps to dispute.

Do you pay back the employee retention credit? ›

No. The Employee Retention Credit is a fully refundable tax credit that eligible employers claim against certain employment taxes. It is not a loan and does not have to be paid back. For most taxpayers, the refundable credit is in excess of the payroll taxes paid in a credit-generating period.

What is the latest news about ERC refund? ›

As part of that effort, the IRS placed a moratorium on processing ERC claims filed after September 14, 2023. The moratorium provided the IRS with time to add additional safeguards to prevent refunds being paid to ineligible businesses and to combat aggressive ERC marketing by promoters.

What is the IRS issue warning for 2024? ›

IR-2024-105, April 11, 2024 — The Internal Revenue Service wraps up the 2024 Dirty Dozen campaign with a warning to taxpayers regarding promoters selling bogus tax strategies and fraudulent offshore schemes designed to reduce or avoid taxes altogether.

Has ERC been suspended? ›

Due to an alarming onslaught of ERC scams and fraud, the IRS has stopped processing new employee retention tax credit claims. Due to an increase in ERC tax credit scams and fraud and to protect honest business owners, the IRS will not process new employee retention credit (ERC) claims for the foreseeable future.

Has anyone received their ERC credit? ›

Yes, many businesses have already received their ERC refunds as part of the settlement program. However, due to a large number of claims for employee retention credit, some are still awaiting processing.

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