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IRS will deny billions of dollars in employee retention credit claims

Posted on August 2, 2024




Danny Werfel, IRS commissioner, speaks after being ceremonially sworn in on the IRS headquarters in Washington on April 4, 2023.

Ting Shen | Bloomberg | Getty Photos

The IRS will deny billions of {dollars}’ price of claims for a pandemic-era tax break whereas working to course of lower-risk filings, the company mentioned on Thursday afternoon.

Enacted to help small companies in the course of the Covid-19 pandemic, the worker retention credit score, or ERC, is price hundreds of {dollars} per eligible worker. Nevertheless, the company stopped processing new filings in September amid a surge of “questionable claims,” the IRS mentioned in a information launch.

The company added that it’s going to prolong that moratorium.  

After investigating greater than 1 million claims price roughly $86 billion, the IRS mentioned within the launch that it recognized 10% to twenty% of the highest-risk filings, and “tens of hundreds” might be rejected within the coming weeks, based on the company. One other 60% to 70% of claims with an “unacceptable degree of danger” might be additional examined, the IRS mentioned.

“We are going to now use this data to disclaim billions of {dollars} in clearly improper claims and start extra work to problem funds to assist taxpayers with none purple flags on their claims,” IRS Commissioner Danny Werfel mentioned in an announcement.

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Throughout the ERC evaluation interval, the company processed 28,000 claims obtained earlier than September 2023 price $2.2 billion and disallowed greater than 14,000 claims price $1 billion, based on the discharge.

General, compliance efforts for faulty ERC claims have topped greater than $2 billion since final fall, the IRS mentioned.

“This is likely one of the most complicated credit the IRS has administered, and we proceed to ask taxpayers for persistence as we unravel this complicated course of,” Werfel mentioned. “In the end, this era will assist us defend taxpayers towards improper payouts that flooded the system and get checks to these actually eligible.”

ERC withdrawal program nonetheless open

With greater than 1.4 million unprocessed ERC claims and lots of “questionable” filings, the IRS urges taxpayers with pending ERC claims to contemplate the company’s withdrawal program. 

There’s nonetheless time to withdraw a declare if you have not obtained a cost for any tax interval. In the event you obtained a test however have not cashed or deposited it, you should use this program to return it.

If eligible, the IRS will undo the unique ERC declare and no penalties or curiosity will apply.

“It is a mulligan second” as a result of you may nonetheless repair ERC errors earlier than the IRS catches them, Dean Zerbe, nationwide managing director at Alliantgroup, beforehand instructed CNBC.

Don’t miss these insights from CNBC PRO

IRS Commissioner Danny Werfel on taxing the wealthy, restoring fairness and utilizing AI



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