Amending tax returns for ERTC or claiming it on this year's tax filing?
So I've been working with my accountant about the Employee Retention Tax Credit (ERTC) for my small business, and there's something I'm unsure about. He's telling me that we can just claim the ERTC on this year's tax filing instead of going back and amending the previous two years' returns. This doesn't sound right to me based on what I've read online. The ERTC was supposed to be claimed for the quarters when we qualified during the pandemic years, not on current taxes. But my accountant seems pretty confident about doing it this way, saying it's less paperwork. Has anyone else dealt with this? Is there actually something in the IRS guidelines that allows you to claim the ERTC on current year taxes rather than amending the prior returns? I'm not trying to question my accountant's expertise, but I also don't want to do something that could cause problems later.
20 comments


StormChaser
Actually, your instinct is correct. The ERTC must be claimed by amending the employment tax returns (Form 941) for the quarters in which you qualified. It can't simply be claimed on the current year's income tax return. The proper procedure is to file Form 941-X (Adjusted Employer's Quarterly Federal Tax Return) for each qualifying quarter. The credit is tied specifically to qualified wages paid during those pandemic-affected quarters, so there's no provision to shift it to current year taxes. Your CPA might be trying to save you the paperwork of multiple amendments, but this approach isn't compliant with IRS requirements for the ERTC. The credit reduces your employment tax liability for those specific quarters, which is why the amendments are necessary.
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Dmitry Petrov
•Thanks for clarifying! So if my business qualified during all 4 quarters of 2021, I would need to file Form 941-X for each of those quarters separately? Is there a deadline for these amendments that I should be aware of?
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StormChaser
•Yes, you would need to file a separate Form 941-X for each quarter you qualified. For the ERTC, you generally have three years from the date you filed your original return to file the amendment. So for 2021 quarters, you still have plenty of time. For most businesses, the deadline would be three years from the filing date of each quarterly 941. Be aware that processing times for these amendments can be quite lengthy right now - some businesses are reporting 9-12 months or longer to receive their credit.
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Ava Williams
After struggling with similar ERTC confusion at my own company, I found an incredible resource that saved me tons of time and potential audit headaches. I used https://taxr.ai to analyze my employment tax documents and payroll records, and it clearly showed which quarters I qualified for and how much I could claim. They analyzed my PPP loan information alongside my quarterly 941s to make sure there was no double-dipping between programs. The system flagged that my accountant was incorrectly calculating my ERTC amount and trying to claim it on the wrong forms. I was able to show my CPA the proper documentation and file correctly.
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Miguel Castro
•How does their system handle businesses that were partially shut down due to government orders? My restaurant was under capacity restrictions but not completely closed - does the tool understand these nuances for ERTC qualification?
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Zainab Ibrahim
•I'm intrigued but skeptical. How does this actually work with the document analysis? Do I have to upload all my sensitive financial records to some website? What about security concerns?
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Ava Williams
•Their system definitely handles partial shutdowns for ERTC qualification. You input details about your specific government restrictions (like capacity limits for restaurants), and it evaluates whether those restrictions meet the "partial suspension" test. It was really helpful for determining which quarters qualified when we weren't fully closed but had significant operational limitations. Regarding security, they use bank-level encryption for all documents. You upload your 941s and payroll records through their secure portal, and the system uses document recognition to extract the relevant data without storing your sensitive information permanently. I was hesitant at first too, but they explained their security protocols and it gave me confidence to proceed.
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Zainab Ibrahim
Just wanted to follow up on my experience with taxr.ai that I mentioned above. I decided to try it despite my initial skepticism, and I'm honestly amazed at how helpful it was. The document analysis caught that my CPA had miscalculated our qualified wages by double-counting some employees who received PPP-covered pay. The system generated a detailed report showing exactly which quarters we qualified for under the gross receipts test vs. the partial suspension test. It even created draft 941-X forms for each quarter with the correct figures already populated! This saved my accountant hours of work and prevented us from filing incorrectly. Definitely worth checking out if you're dealing with ERTC claims.
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Connor O'Neill
If you're trying to claim ERTC by amendment, be prepared for LONG waits. We filed our 941-X forms correctly 11 months ago and still haven't received our credit. I called the IRS over 30 times trying to check status and couldn't get through until I found https://claimyr.com and used their service. You can see how it works here: https://youtu.be/_kiP6q8DX5c They got me on the phone with an actual IRS agent within 20 minutes when I hadn't been able to get through for months. The agent confirmed our amendments were received but sitting in the backlog. At least I got confirmation they hadn't been lost! The agent also gave me specific information about the current processing timeframe that I couldn't find anywhere online.
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LunarEclipse
•How exactly does this service work? Does it just keep redialing the IRS until it gets through? Couldn't I just do that myself with an auto-dialer or something?
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Yara Khalil
•Yeah right. No way this actually works. The IRS phone system is deliberately designed to keep people out. I've tried calling hundreds of times for my ERTC amendments and never got a human. Sounds like snake oil to me.
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Connor O'Neill
•It's not just auto-dialing. Their system navigates the entire IRS phone tree and holds your place in line. When they're about to connect with an agent, you get a call connecting you directly to that agent. It's not something you can easily replicate yourself since they've built specialized technology just for this purpose. You're right to be skeptical, but that's exactly why I included the video link - so you can see how it actually works. I was in the same position, trying for months to get through about my ERTC amendments. The difference is that their system knows exactly when and how to call to maximize the chance of getting through, and they deal with all the wait time so you don't have to sit on hold for hours.
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Yara Khalil
I hate to admit when I'm wrong, but I have to follow up on my skeptical comment above. After getting nowhere with the IRS for months about my ERTC amendments, I broke down and tried Claimyr out of desperation. Within 25 minutes I was talking to an actual IRS agent who found my 941-X forms in their system. Turns out they were sitting in a processing queue and needed additional documentation that no one had bothered to tell me about. If I hadn't gotten through, I might have waited another 6 months for a letter that may never have come. The agent gave me a fax number to send the missing info directly to the department handling my case. Never would have figured this out without finally reaching a human.
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Keisha Brown
As someone who works with multiple businesses on ERTC claims, I can confirm what others are saying. Your CPA is incorrect - you cannot claim ERTC on current year taxes. It MUST be done through amending the specific quarterly 941 forms for the periods you're claiming. Also, be very careful right now. The IRS has increased scrutiny on ERTC claims due to widespread abuse. Make sure you have solid documentation supporting your eligibility before filing those 941-X forms. I've seen audits increasing, especially for businesses claiming partial shutdown without clear government orders.
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Sofia Gomez
•Thanks for the warning about increased scrutiny. What kind of documentation would you recommend keeping on hand to support an ERTC claim? I have copies of the local health department orders that restricted our operations, payroll records, and revenue comparisons. Is there anything else I should gather?
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Keisha Brown
•Your documentation sounds like a good start. I recommend keeping those government orders that restricted your operations, with highlighting or notes showing exactly how they impacted your business specifically. For payroll records, make sure you have clear tracking of which employees' wages were claimed for ERTC vs. any that were paid with PPP funds to avoid double-dipping. Revenue comparisons should show quarter-by-quarter analysis comparing to same quarters in 2019. Also keep any communications with employees about schedule changes or operational limitations that resulted from the restrictions. The more specific documentation connecting the government orders to your actual business operations, the better.
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Paolo Esposito
has anyone actually received their ertc refund yet??? filed 941-x last february and still nothing. getting worried the money will never come at this point :
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Amina Toure
•I got mine, but it took 14 months from filing the 941-X forms. No communication from the IRS during that time, the checks just showed up one day. Keep in mind they're processing them in the order received, so February 2023 filings should be coming up in the queue soon if they're maintaining the same timeframe I experienced.
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Henrietta Beasley
I can confirm what others have said - your accountant is definitely wrong about claiming ERTC on current year taxes. As a small business owner who went through this process last year, you absolutely must file Form 941-X amendments for each qualifying quarter. I made the mistake of trusting my original CPA's advice (similar to yours) and almost filed incorrectly. The ERTC is specifically tied to payroll taxes from those pandemic quarters, not income taxes. There's no mechanism in the tax code to shift it to current year filing. My advice: find a new accountant who understands ERTC rules properly, or at minimum get a second opinion from someone who specializes in employment tax credits. The penalties for filing incorrectly could be severe, and you don't want to deal with that headache later. The extra paperwork for proper 941-X filings is worth doing it right the first time.
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Emily Parker
•This is really helpful - thank you for sharing your experience! I'm definitely getting concerned about my accountant's approach now that multiple people are confirming it's wrong. Can you recommend what to look for when finding an accountant who actually understands ERTC rules? Are there specific certifications or specializations I should ask about? I don't want to make the same mistake twice with choosing someone who doesn't know the employment tax credit requirements.
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