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  • Brittany Besler

IRS Doubles Down on ERTC Warning

The IRS again issues a warning to the public about Employee Retention Tax Credit "promoters" urging ineligible entities to file for the ERTC. Read the newest IRS warning here.


So what is the ERTC? And what are the issues?

The ERTC is a refundable tax credit that first came into existence from the CARES Act signed March 27, 2020. Everyone (almost) ignored the credit at first because it came with a clear choice between the Paycheck Protection Program and the ERTC. Since that time though, the ERTC has been expanded, retracted, edited, enhanced, and everything in between.


How Do you Qualify for ERTC?

There are two distinct ways to qualify for the ERTC.

  1. You experienced a significant decline in gross receipts during 2020, or during the first three quarters of 2021. OR

  2. Your organization's sustained a full or partial suspension of operations due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19 during 2020 or the first three quarters of 2021.

Sounds Easy...Right?

Congress didn't provide great guidance for the second test listed above, which is why we're in the spot that we are. The IRS has provided significant guidance on their positions, but it will never be enough. The best advice is to hire and rely on trusted professionals when making this determination. Hire a tax attorney to provide a tax opinion on your eligibility. Read that tax opinion and decide for yourself, trust your gut.


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