Employee Retention Credit Fraud
The Employee Retention Credit (ERC) is a Federal tax credit that some businesses qualify for. The rules governing this tax credit are complicated. In some cases, these tax credits are extremely large. The tax credits are so large a number of companies have formed specifically to assist, and I use this term broadly, taxpayers in claiming the ERC.
Unfortunately, many of these companies are filing fraudulent claims for ERC credits and the Internal Revenue Service (IRS) has noticed:
· The IRS Taxpayer Advocate, Erin Collins, speaking at the AICPA national conference, said: It was clear businesses were
“duped” by these companies just trying to make a quick buck.
· The IRS has issued press releases stating: “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 do not. The scammer takes a fee and your personal information. If
you are not eligible for the credit, getting conned by this could cost you a lot. The IRS does not want that to happen to
you, so check out the official information at IRS.gov/erc.”
· On May 25th, 2023 the IRS issued another warning and you can read more here.
· Every year the IRS issues the “Dirty Dozen” which is a list of twelve tax scams it wants the public to be aware of. “The IRS
spotlighted Employee Retention Credits following blatant attempts by promoters to con ineligible people to claim the
credit.” You can read more here.
· The IRS has taken issue with companies that charge a contingent fee that is often 20% to 30% of the businesses ERC
claim. I have personally seen fraudulent ERC claims where the fee charged by the ERC promoter ends up being $3,000
per hour.
The ERC companies are making billions of dollars and their advertising is everywhere. I personally receive five advertisements a week telling me that my business qualifies for a credit of $26,000 per employee; note my business certainly does not qualify for this credit.
If you hire a company to amend 941’s and file an ERC claim for your business and you are a client of ours please talk to your CPA first! If you have filed an ERC claim through another company, please pick up the phone and call your CPA today because there are many actions we need to take immediately.
If you are not currently a client of SBS CPA Group and you want to hire someone to analyze an ERC claim you made or are thinking about making; please give our office a call at 260-407-5000 and let them know you are a potential new client and we can proceed from there.
Mike Sylvester, CPA
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