A Pandemic-Era Tax Break that Remains Rife with Abuse — The ERC

July 12, 2023

A Pandemic-Era Tax Break that Remains Rife with Abuse — The ERC

July 12, 2023

IRS tackles fraudulent claims and backlog, urges businesses to beware of misleading promoters.

The article discusses the abuse of the employee retention credit (ERC) during the COVID-19 pandemic and the challenges faced by the IRS in processing legitimate claims. The IRS has issued multiple warnings about ERC abuse and misleading claims made by promoters. As of March 3, 2023, over 866,000 employers had filed ERC claims totaling over $152.6 billion. However, the IRS still faces a backlog of amended returns. To address the issue, the IRS is increasing audits and investigations related to ERC claims, targeting businesses and promoters involved in fraudulent claims. The IRS Criminal Investigation has initiated 122 investigations involving potentially fraudulent ERCs. Lenford Smith, a CPA, and Lauren-Nikai Harry, a tax attorney, have firsthand experience with the backlog of ERC payments for their clients. They highlight the challenges small businesses face in navigating the ERC requirements and the risks posed by unscrupulous promoters. The ERC is a refundable tax credit available to businesses that continued paying employees during the pandemic, and the IRS advises businesses to work with tax professionals to avoid audit risks associated with potential ERC abuse. For more information click the link!

https://www.journalofaccountancy.com/news/2023/jun/a-pandemic-era-tax-break-remains-rife-with-abuse-erc.html

Executive year-end tax planning for construction, manufacturing, real estate, and international bus
November 2, 2026
FPA Brief 015 covers 2026 overtime W-2 reporting, manufacturing depreciation, Opportunity Zone gains, Section 250 changes and Trump account benefits.
October 28, 2026
FPA Brief 014 covers Siemens and Section 245A, Section 355 spin-offs, Canadian tariffs, late tax elections, and wind turbine import developments.
October 21, 2026
FPA Brief 013 covers conservation easement rulings, ERC supply-chain claims, Section 385, the USMCA review and IRS examination consent forms.
Executive tax planning for construction, manufacturing, international business and real estate
October 14, 2026
FPA Brief 012 covers diesel tax relief, Section 163(j), foreign tax credits, the new scholarship credit and institutional housing investment rules.
2026 BBB Winner of Distinction
October 13, 2026
Freese, Peralez & Associates earns the 2026 BBB Winner of Distinction, adding to three consecutive Best CPA Firm awards in The Woodlands.
FPA Executive Tax Brief Issue 011 covering tax deadlines, tariff refunds, per diem rates, farmland
September 29, 2026
FPA Brief 011 covers the Kwong appeal, IEEPA tariff refunds, Oct. 1 per diem rates, Section 1062 farmland sales and proposed CFC ownership rules.
Executive tax planning for September 2026 deadlines, manufacturing costs, trade and construction pro
September 21, 2026
FPA Brief 010 covers Michigan's Sept. 30 FTE deadline, Canadian import restrictions, LIFO planning, new IRS penalty relief and data center tax incentives.
FPA Executive Tax Brief Issue 009 covering estimated taxes, bonus depreciation, manufacturing proper
September 14, 2026
FPA Brief 009 covers the Sept. 15 tax deadline, 100% bonus depreciation, Section 168(n), permanent Opportunity Zones and the shift from GILTI to NCTI.
FPA Brief 008 covers Rev. Proc. 2026-32, Section 174A R&D, Section 987 CFC relief, BOI reporting and
September 7, 2026
FPA Executive Tax Brief Issue 008 covering construction accounting, Section 174A R&D, Section 987, BOI reporting and energy tax incentives.
FPA Executive Tax Brief Issue 007 covering Section 163(j), IRIS, Opportunity Zones, Section 45X and
September 1, 2026
FPA Brief 007 covers Section 163(j), the FIRE-to-IRIS transition, Opportunity Zones 2.0, Section 45X sourcing rules and September estimated taxes.