The Potential Risks of Claiming the ERC Incorrectly: Penalties and Audits

The Potential Risks of Claiming the ERC Incorrectly: Penalties and Audits

The Employee Retention Credit (ERC) is a valuable tax credit designed to provide financial relief to businesses that faced significant disruptions due to the COVID-19 pandemic. However, while claiming the ERC can be a great way to save money, it can also come with potential risks if not done correctly. This blog will explore the potential risks of claiming the ERC incorrectly and how to avoid them.

Penalties for Incorrect Claims 

The Internal Revenue Service (IRS) has warned that it will scrutinize ERC claims closely, and businesses that make application errors may face penalties. For example, suppose a company claims the ERC for wages that do not qualify. In that case, paying back the credit, plus interest and penalties, may be required. Additionally, if the IRS discovers that a business claimed the ERC incorrectly, it may open an audit, which can be time-consuming and costly.

Common ERC Errors 

One of the most common ERC errors is claiming credit for wages that do not qualify. For example, an employee’s wages must be paid during significant business disruption, such as a government-mandated shutdown, to qualify for the ERC. Additionally, wages paid to family members or business owners may not be eligible for the ERC.

Another standard ERC error is failing to properly document the credit. Businesses must be able to demonstrate that they qualify for the ERC, and they must keep accurate records to support their claims. This includes documenting the period of significant business disruption, the number of wages paid, and other relevant information.

How to Avoid ERC Risks 

To avoid the potential risks of claiming the ERC incorrectly, businesses should work with a qualified tax professional who can guide them through the process. A tax professional can help companies to determine if they qualify for the credit, and they can assist with documentation and other requirements.

In addition, businesses should ensure that they have accurate records of all wages paid during a significant business disruption. This includes documentation of any layoffs, reductions in hours, or other factors that may qualify for the ERC.

Our Team Can Help

If you are a business owner who is interested in claiming the ERC, it is essential to work with a qualified tax professional who can help you navigate the process and avoid potential risks. At GetMyBizRefund, we specialize in assisting businesses to claim the ERC correctly and maximize their savings. Contact us today to learn more about how we can help you take advantage of this valuable tax credit while avoiding the risks of incorrect claims.

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