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ARTICLE · 02 APRIL 2024

Tony Box Quoted By Tax Notes On ERC Voluntary Disclosure Limits

The IRS's ERC voluntary disclosure program has drawn concern from tax attorneys due to uncertainty around entering into the program and still being subjected to criminal prosecution.

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The IRS's ERC voluntary disclosure program has drawn concern from tax attorneys due to uncertainty around entering into the program and still being subjected to criminal prosecution. Extensive disclosure is required as part of the program, however, the IRS does not provide any assurances related to the possibility of post-disclosure investigations, which raises significant questions and concerns. In addition, processing delays and impending deadlines could precipitate an uptick in refund suits. Despite additional funds, uncertainties persist regarding the Justice Department's capacity for litigation.

On January 20, 2024, Gray Reed Partner Tony Box served on a panel discussing ERC enforcement at the ABA Tax Section's Mid-Year Meeting in San Francisco, California. A reporter from Tax Notes was in attendance and used some of Tony's insight in an article exploring concerns related to the IRS's ERC voluntary disclosure program and the heightened risks for taxpayers. A

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