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I'm a bookkeeper for several small businesses, and I've seen the full spectrum of ERC situations. Some of my clients qualified legitimately (significant revenue drops in 2020-2021), while others were talked into applying by these aggressive ERC firms despite clearly not meeting the criteria. The most important thing to understand is that the IRS isn't stopping ERC processing to reject everyone - they're implementing better fraud detection. If you legitimately qualified and have proper documentation, you'll likely be fine even with the increased scrutiny. Red flags I've seen in problematic claims: - Claiming qualification despite stable or increased revenue - Stretching "partial suspension" to include minor operational changes - No documentation connecting government orders to specific business impacts - Using ERC mills that take percentage-based fees - Claims that seem copy-pasted rather than specific to your business
What exactly counts as "significant revenue drops"? Our ERC provider said we qualified because we had a 17% drop in one quarter of 2020 compared to 2019. Is that enough or did we get bad advice?
For 2020, businesses needed to show at least a 50% reduction in quarterly gross receipts compared to the same quarter in 2019 to qualify under the revenue decline test. For 2021, that threshold was lowered to a 20% reduction. If you were told you qualified with only a 17% reduction in 2020, that's definitely incorrect for the revenue decline test. You may still have qualified under the suspension of operations test if government orders significantly limited your business, but the revenue test would not apply at 17% for 2020. This is exactly the kind of misrepresentation the IRS is currently targeting.
Has anyone tried reaching out to their ERC provider to get clarification on their qualification? I've been calling mine for three weeks with no response. Their website is now "under maintenance" and their office line goes straight to voicemail. I'm starting to think they've disappeared completely now that the IRS is cracking down. We paid them $12,000 upfront (they promised it was "safer" than percentage-based fees) and now I'm worried they just took our money knowing we wouldn't qualify.
Unfortunately this is becoming common. Several of these ERC mills have vanished overnight as scrutiny increases. You might want to file a complaint with the FTC and your state attorney general's office. If they've truly disappeared, you could be dealing with a complete scam rather than just aggressive tax advice.
Filed electronically on Feb 3rd, got my refund direct deposited on Feb 10th - just 7 days! No special credits or anything complicated though, just standard W-2 income and the standard deduction. Was honestly shocked it came so fast after waiting over a month last year.
That's amazing! Did you do anything special to make it go through faster? Or just straightforward electronic filing?
Nothing special at all - just made sure everything was accurate and double-checked all my numbers before submitting. I used the same tax software as last year and filed as soon as I had all my documents. I think the difference might be that I filed very early this year before the big rush, and my return was very simple with just one W-2 and standard deduction. No credits, no deductions, nothing that would trigger additional review.
Anyone know if having a small business (Schedule C) is slowing down returns this year? I filed on Jan 29th and still nothing... getting worried since I see people who filed after me already getting theirs.
I have a Schedule C too and got my refund in 14 days. Did you claim any home office or vehicle deductions? I've heard those can trigger additional review sometimes.
Check your return status on the IRS website. My Schedule C return was held up because I made a simple math error on one of my expense categories. They don't always notify you about these issues.
It's not just Airbnb that's confusing people. I sell on Etsy and they sent me a 1099-K for 2021 when I only made $6,000 with maybe 150 sales. For 2022, they didn't send me one with similar numbers. When I called Etsy support they said something about "certain states have different requirements" but couldn't tell me which states or why it changed from last year to this year. The whole system is a mess.
I had the exact same experience with eBay! Got a 1099-K for 2021 with around $7k in sales but nothing for 2022 with about $8k. I asked their support chat and they just sent me a link to a help article that didn't actually answer the question. Did you figure out what to do? I'm just reporting all income anyway but worried about inconsistencies triggering an audit.
I never got a satisfactory answer from Etsy, but I did some research and found that some states like Massachusetts, Vermont, and a few others had already implemented lower thresholds ($600) before the federal change was proposed. My guess is that either you or I moved states between 2021 and 2022, or the platforms changed how they determine which state's rules apply. I'm doing the same thing - reporting all income regardless of whether I got a form. My accountant confirmed that's the right approach and said inconsistencies in receiving forms shouldn't trigger an audit as long as you're properly reporting all your income.
Just to make sure I understand correctly: For 2022 tax filing, the threshold is still $20k AND 200 transactions for getting a 1099-K. For 2023 (filing in 2024), it's supposed to drop to $600 with no transaction minimum UNLESS they delay it again? I'm so confused because my tax software was saying different things than what I'm reading here.
That's correct. For 2022 tax filing (what you're filing now in 2023), the threshold remained at $20k AND 200 transactions for federal purposes. Some states have lower thresholds, which is why some people might receive a 1099-K even if they don't meet the federal threshold. For 2023 tax year (what you'll file in 2024), the threshold was originally supposed to drop to $600 with no transaction minimum. However, the IRS has actually announced ANOTHER delay for this implementation. So for 2023, the threshold will remain at $20k AND 200 transactions at the federal level. The $600 threshold is now scheduled to take effect for tax year 2024 (filing in 2025), but there's always the possibility of additional delays. Some tax software may not have been updated with the most recent delay announcement.
23 Just FYI - I was in almost this exact situation last year. My accountant had me file Form 1040 with a Form 8833 (Treaty-Based Return Position Disclosure) attached since the tax treaty with my home country had specific provisions for students transitioning to work visas. Might be worth checking if there's a tax treaty between the US and your country that could apply to your situation.
23 I'm from India, which has a comprehensive tax treaty with the US. Many countries have specific provisions for students and researchers in their tax treaties. The treaty provisions can sometimes override the general tax rules and provide more favorable treatment. You should definitely check if your country has a tax treaty with the US. If it does, read the specific articles that deal with students, teachers, and researchers. Form 8833 is used to disclose when you're taking a position on your tax return that's based on a tax treaty rather than regular tax law.
19 Not sure if this helps, but I think the key issue is whether you've been in the US for 5 calendar years while on F1. If 2022 was your 5th or later calendar year on F1, then those F1 days start counting toward substantial presence. Otherwise, only your H1B days count.
Caleb Stone
Quick tip about Form 8863 that helped me: keep ALL your receipts for education expenses, not just tuition. Things like required books, supplies, and equipment can count as qualified education expenses even if they don't show up on your 1098-T. For my nursing program, I was able to claim about $1,200 in additional expenses for required clinical supplies that weren't billed through my school. This significantly increased my education credit! Just make sure they're required for enrollment or attendance in your courses.
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Katherine Ziminski
ā¢Wow, that's super helpful! My program requires us to buy specific software that costs like $600 per year and it's not included in the tuition. Does that count too? And do I need to get some kind of proof from my school that it's required?
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Caleb Stone
ā¢Yes, required software for your program absolutely counts as a qualified education expense! Since it's required for your coursework, that $600 can be added to your total qualified expenses on Form 8863. For documentation, keep the receipt for the software purchase and ideally something showing it was required - like the course syllabus, program requirements list, or an email from your professor. The IRS doesn't require you to submit this documentation with your return, but you should keep it in case you're ever audited. Having the syllabus or program requirements that specifically mentions the software is the best proof.
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Daniel Price
I'm late to this thread but wanted to add that the timing of when you claim education credits can make a huge difference financially. If your income is going to change significantly between tax years, you might want to try to bunch your education payments. For example, if you expect to make a lot less money next year, try to defer paying for spring classes until January if possible. Education credits are more valuable in years when your income is lower (but still high enough to have tax liability).
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Olivia Evans
ā¢This is a good point! But doesn't the school usually require payment before the semester starts? My university always wants payment in December for spring classes.
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