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This is a really challenging situation that highlights why having proper legal counsel is so critical when dealing with large judgments and incoming funds. From what I've seen in similar cases, the creditor's ability to intercept ERC funds before they even reach your client's accounts is very real - especially with a judgment this large where the landlord's attorneys are likely being very proactive. One thing I haven't seen mentioned yet is the potential impact on your client's other business operations. If they're still actively running the business, having $8 million suddenly seized or tied up in legal proceedings could create additional operational problems beyond just the judgment itself. I'd also suggest documenting everything about the settlement negotiation attempts. If your client is genuinely trying to work with the landlord to resolve this and the landlord refuses reasonable offers, that could be relevant if there are any future disputes about good faith efforts to satisfy the judgment. The timing pressure here is intense - between potential IRS audits on the ERC claim and the creditor's ability to garnish incoming funds, your client really needs to make some decisive moves quickly rather than hoping they can somehow protect these assets through creative structuring.
This thread has been incredibly educational for someone new to understanding how complex these judgment and asset protection situations can get. The consensus seems clear that trying to hide the ERC funds would be both ineffective and potentially illegal. I'm curious about one practical aspect - when settlement negotiations happen in cases like this, do they typically involve just the attorneys, or would your client need to be directly involved in those discussions? With $8 million potentially on the table as settlement for a $24 million judgment, it seems like there would be room for negotiation on both sides. Also, has anyone dealt with situations where the business continues operating during these settlement talks? It sounds like this could drag on for months, and I'm wondering how that affects day-to-day business operations when there's this kind of financial uncertainty hanging over everything.
Settlement negotiations in cases like this typically involve attorneys on both sides, but your client will need to be directly involved for major decisions - especially when we're talking about using $8 million to settle a $24 million judgment. The attorneys handle the legal framework and procedural aspects, but business owners have to approve the actual settlement terms. Regarding business operations during settlement talks - this is actually a critical consideration that can work in your client's favor. If the business is still generating revenue and has ongoing operations, that demonstrates to the creditor that there's potential for continued payments even beyond the ERC funds. It also gives your client more negotiating leverage since they can point to operational cash flow as additional consideration. However, the uncertainty can definitely impact operations. Banks may freeze credit lines if they become aware of the judgment, suppliers might demand cash payments, and key employees could become nervous about job security. I've seen cases where the settlement process actually becomes urgent because the business can't function normally with this kind of financial uncertainty. One strategy that sometimes works is proposing a structured settlement - maybe the full $8 million ERC payment upfront plus a percentage of future revenues for a defined period. This can sometimes get creditors to accept less than the full judgment amount while giving your client a clear path forward to resume normal operations.
Anyone else notice the IRS has been taking longer to process CAA-submitted W7 applications lately? Last year I was telling clients 4-6 weeks, but now I'm seeing 8-10 weeks minimum.
I've noticed the same thing. One of my applications from February just got approved last week - that's over 11 weeks! I think they're dealing with staffing shortages like every other government agency.
Thanks for confirming I'm not the only one experiencing this. Good to know I should be setting more realistic expectations for my clients. I've started telling them 10-12 weeks now just to be safe. It's frustrating because one of the benefits of using a CAA is supposed to be faster processing. I even had a client question why they should pay me when it's taking almost as long as regular mail-in applications.
Thanks for bringing up this processing time issue - I've definitely noticed the same trend. I'm also a newer CAA (about 8 months now) and I've been tracking my application timelines. My first few submissions in September/October were processed in about 5-6 weeks, but everything I've submitted since January has been taking 9-12 weeks. I think part of the issue is that the IRS is still catching up from the pandemic backlog, plus they've had budget constraints affecting staffing levels. What I've started doing is being very upfront with clients about current processing times and explaining that while CAA applications don't get lost in the mail like regular submissions can, the review process itself is just taking longer right now. I also make sure to emphasize the other benefits - like not having to mail original documents and generally having fewer rejections due to documentation issues since we verify everything upfront. It's not ideal, but at least clients appreciate the transparency about realistic timelines.
This is really helpful insight about the timeline trends! I'm just getting started as a CAA and was wondering if these delays are across the board or if certain types of applications are moving faster than others. Have you noticed any patterns - like are renewals processing quicker than first-time applications? Or does the applicant's country of origin seem to make a difference in processing speed? I'm trying to figure out how to set proper expectations with different client situations. Also, do you find it helpful to give clients any kind of timeline updates during the process, or do you just tell them upfront and then wait for the IRS to respond?
Trust me, file everything now. The penalties for not reporting income are WAY worse than whatever you might owe. Plus theres tons of deductions you might qualify for to reduce what you owe. Check out taxr.ai - saved my butt when I was in the same boat
can confirm, taxr.ai is legit. Found me like $800 in credits I didnt know about
You absolutely cannot split W2s between tax years - that's tax fraud. All W2s for income earned in 2024 must be reported on your 2024 return, period. The IRS gets copies of every W2 and will catch this immediately. If you're worried about owing money, look into these legitimate options: 1) Check if you qualify for any deductions or credits you missed, 2) Set up an IRS payment plan if you do owe (they're actually pretty reasonable), 3) Consider adjusting your withholdings for next year so you don't face this again. The penalties for not reporting income are way worse than whatever you might owe now.
Varo customer here. SBTPG updates are delayed by 24-48 hours sometimes. They batch process during tax season. Your DDD is just when IRS releases funds. Add 1-2 business days for SBTPG processing. Varo usually deposits within hours of receiving funds. Don't panic until 2 business days after your DDD passes. Check your Varo pending transactions too - sometimes it shows there first.
I think you're right about the delays in updating. It seems like, from what I've gathered, the SBTPG system might not be showing real-time information, especially during the busiest parts of tax season when they're processing millions of returns. Would you say it's worth calling Varo directly to ask if they see any pending deposits that might not be visible in the app yet?
Calling Varo might give you some peace of mind, but in my experience they can only see what's already been transmitted to them. If SBTPG hasn't released the funds yet, Varo won't see anything pending. However, Varo's customer service is pretty responsive and they might be able to confirm whether they've received any ACH notifications for your account. Since you need this by exactly 4 days from now, it might be worth the call just to eliminate one variable from the equation.
I've been through this exact scenario with Varo multiple times. The key thing to understand is that SBTPG's portal is notoriously unreliable during peak season - it's like trying to track a package when the shipping company's website is overwhelmed. Your transcript showing DDD 3/18 is what really matters. Varo typically processes deposits within 2-4 hours of receiving them, often in the early morning hours (usually between 2-5 AM). Since you need this in exactly 4 days, you're actually in a decent position - most deposits arrive 1-2 days before the official DDD. I'd recommend setting up account alerts if you haven't already, and try not to refresh SBTPG obsessively (easier said than done, I know). The money usually shows up in your Varo account before SBTPG ever updates their status.
This is really reassuring to hear! I'm new to using Varo for tax refunds and wasn't sure how reliable their processing would be compared to traditional banks. The early morning deposit window you mentioned (2-5 AM) is actually perfect for my situation since I tend to check my account first thing when I wake up anyway. I've already set up the account alerts as you suggested. It's good to know that the transcript DDD is more reliable than SBTPG's portal - I was starting to worry that something was wrong with my return. Thanks for sharing your experience with the timing!
Alice Pierce
I had this exact problem earlier this tax season. My check finally showed up 9 days after the DDD on my transcript. Are you signed up for Informed Delivery through USPS? That way you'll at least know when it's coming that day. Did your tax preparer acknowledge their mistake? Did they offer any compensation for the delay since it was their error?
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Ellie Lopez
I feel your frustration! I went through this same situation two years ago when my preparer made the same mistake. With a March 22nd DDD, you're realistically looking at receiving your check between March 27th-April 2nd if everything goes smoothly. The IRS usually mails checks the Friday of your DDD week (so March 21st or 28th in your case), and then it's up to USPS delivery times. Given that you need the funds for medical expenses, I'd recommend calling the IRS after April 7th if you haven't received it by then - that's when they'll typically start a trace. Also, definitely sign up for USPS Informed Delivery if you haven't already so you can see when it's coming that day. Hope this helps ease some of your worry!
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