The IRS has issued increasing warnings urging 税payers to beware of ads that promise big money for claiming the employee retention 税 credit.
The ERC provides needed relief to help businesses affected by the pandemic; however, the incentive has also catalyzed the creation of a cottage industry of ERC providers that profit from calculating huge benefits for 税payers who may not actually qualify based on the letter of the law. Warnings regarding Employee Retention Credit claims feature on the IRS’s 2023 Dirty Dozen list, IRS 新闻 Releases and in recent updates to the IRS’s Frequently asked Questions on their ERC 页面.
The IRS has signaled that they have entered a new phase of increased scrutiny on ERC claims. 展望未来, 将更加强调审计索赔要求, investigating fraud and identifying of promoters of fraudulent claims. 税payers who are discovered to improperly claim the ERC must pay the credit back, 可能会有巨额罚款和利息.
These five tips can help ensure a 税payer does not become a victim of an unscrupulous ERC promoter:
谨防激进营销:广播, 电视, 在线广告, unsolicited calls or direct mailings made to look like official IRS correspondence promising “$26,每位员工000美元”，以及“简单的申请流程”,这些都是需要警惕的策略.
注意ERC资格的快速决定: ERC eligibility cannot be determined in minutes; determining eligibility for a claim involves reviewing an organization’s gross receipts and/or conducting an in-depth analysis of “more-than-nominal” impacts from government orders.
小心那些不愿作为付费准备人签约的公司: If preparers refuse to prepare and sign the amended Forms 941-X, 纳税人承担了索赔的全部风险.
谨防基于退款百分比的费用: Fees based on a percentage of the refund incentivize providers to calculate higher ERC claims.
小心那些不提供文档的供应商: Claiming the ERC is a complicated procedure that requires careful review of federal, state and local orders to determine eligibility as well as complex entity aggregation and full-time employee rules. Providers should be able to provide detailed documentation citing specific government orders that support a 税payer’s eligibility and their calculations.
If you believe your organization might qualify for the employee retention credit, it’s increasingly important to be careful in deciding who will help you make that determination. 在这个国税局审查越来越严格的时代, choosing the wrong provider could be putting your business at risk.
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