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ARTICLE · 20 SEPTEMBER 2023

IRS Halts ERC Claims Processing Amid Surge Of Questionable Submissions

McGuireWoods LLP
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The Internal Revenue Service announced on Sept. 14, 2023, an immediate moratorium on the processing of Employee Retention Credit (ERC) claims that is anticipated to last at least through the end of the year.

United StatesTax
Bradley Ridlehoover
Bradley Ridlehoover
Jon G. Neal
Jon G. Neal
Gerald V. Thomas II
Gerald V. Thomas II
Alec V. Sauble
Alec V. Sauble

The Internal Revenue Service announced on Sept. 14, 2023, an immediate moratorium on the processing of Employee Retention Credit (ERC) claims that is anticipated to last at least through the end of the year.

This unsurprising announcement comes after repeated warnings to taxpayers of aggressive promoters and marketing campaigns targeting ineligible applicants that has resulted in the improper submission of claims for refunds through a pandemic-era relief program that was designed to protect honest small-business owners. These marketing campaigns include targeted emails, phone calls and text messages claiming recipients' eligibility for large refunds if they apply for the ERC. Taxpayers who submitted ERC refund claims should discuss eligibility with a trusted tax adviser to determine if any remedial action is appropriate, and taxpayers considering filing a claim should ensure they are eligible.

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