Will your ERC claim pass review?
With the IRS ramping up enforcement on ERC claims, now is an ideal time to determine the status of your refund. Let our team help you make the right decision for your business
IRS announces that ERC audits and investigations will intensify.
As stated in IR-2024-78, the IRS is ramping up its enforcement on inaccurate or false ERC claims, leaving many businesses that worked with ERC promoters in jeopardy, and their CPAs with concerns about their liability.
If you have concerns about your ERC claim, or are a CPA looking to protect your clients, the time to act is now. The IRS plans to send tens of thousands more disallowance letters and audit notices in the coming weeks.
An ERC claim could be considered fraudulent if a business:
- Claimed all available quarters
- Claimed max value of credit (26k per employee)
- Provided no documentation of qualifying government mandates
- Provided no numerical calculation of more than nominal impact to business
- Failed to demonstrate a nexus between mandates and more than nominal impact
Our Services
Refund Recovery
Curious where your refund is? Leveraging our extensive experience, we know the optimal ways to work with the IRS. Our team will contact the Service for you and determine the status of your claim.
Remediation Services
Considering withdrawing your claim? With insights from our 5 former IRS commissioners, we’re equipped to facilitate a favorable resolution with the Service. If you’re unsure about the withdrawal program, we can guide you through it and help avoid potential penalties.
Audit Defense
Facing an audit or worried about the risk? Our team is ready to protect your ERC claim. With decades of experience in safeguarding businesses against IRS audits, we know precisely how to comply with the law for claims. Additionally, we can assist with resolving any issues from your previous provider, such as contracts and fees.
Documentation of More than Nominal Impact
Did your former ERC provider provide documentation linking your claim to government mandates, or show a significant (10%+) business impact? If you lack documentation or are unsure about these aspects, our team can reevaluate your case and accurately determine the benefit you’re entitled to.
Form 6612
Received a 6612 Letter? The IRS is issuing these to businesses with ERC claims post-moratorium last September, giving 30 days to respond or face claim disallowance. Our team can review your ERC study to substantiate your claim and identify any discrepancies from your previous provider, ensuring you effectively meet the response deadline.
Meet Our IRS Experts
Our team, composed of world class experts in tax and law, includes five Commissioners as well as other officials, who understand how the IRS approaches fraud and their plans to combat faulty claims.
Darren
Guillot
Former IRS Commissioner of the Small Business/Self Employed Division; alliantgroup National Director
Eric
Hylton
Former IRS Commissioner of the Small Business/Self Employed Division; alliantgroup National Director
Kathy
Petronchak
Former IRS Commissioner of Small Business/Self-employed Division (SB/SE); alliantgroup Director of IRS Practice & Procedure
Steven
Miller
Former IRS Acting Commissioner; alliantgroup National Director of Tax
Mark
Everson
Former IRS Commissioner; alliantgroup Vice Chairman
Case Studies
Mistakenly Claimed Through a Payroll Provider
- Payroll provider claimed ERC for a business without informing the taxpayer, resulting a $1.3M refund.
- Almost a year later, that taxpayer received audit notice for that $1.3MM claim, unaware that he had even claimed the credit.
- Taxpayer reached out to their CPA for direction, CPA recommended bringing the claim to alliantgroup for remediation and support.
- alliantNational rebuilt the entire study and found qualification, allowing them to rectify the situation with the IRS.
- Original credit claim was preserved, but now with substantiation and documentation, allowing the business to keep those funds
Misled by a Fly-By-Night Provider into a 4x overclaim:
- Taxpayer was approached by an ERC promoter, who made unrealistic promises about the credit and claiming.
- ERC promoter used only a questionnaire for substantiation, and informed the business they can claim $2.1MM for 7 quarter
- No analysis of more than nominal impact conducted by promoter, simply instructed their client to claim that number based on their question.
- Taxpayer files claim and receives refund, but later receives an IRS audit notice.
- Taxpayer comes to alliantgroup for support, and we found that PPP and FFCRA were not taken into account in calculation of credit.
- Actual credit amount was $512k for only 2 quarters, which they taxpayer got to keep using the documentation from alliantNational
Our Mission
alliantNational assists CPAs and U.S. businesses alike in navigating difficult tax matters, offering both representation and support while working with IRS and state tax officials. With insights from our 5 former IRS Commissioners and Deputy Commissioners, our team understands the intent of the Employee Retention Credit and what the Service is looking for to substantiate claims.
We have assessed ERC eligibility for over 60,000 business, as well as assisted businesses who went with less reputable providers in rectifying their claims. With our team supporting yours, you can rest assured that you will receive what you are entitled to while following the letter of the law.
