Can you still claim ERC on a late original 941 filing? Deadline concerns

Yes, you can still claim the ERC on a late original Form 941 filing! The IRS has been clear that the April 15, 2025 deadline applies to all 2021 ERC claims, including those on original returns. The important thing is that you're filing an original return, not an amended one (Form 941-X). What you need to do is prepare and file that Q2 2021 Form 941 exactly as you would have done originally, claiming the ERC as intended. Make sure you include all the necessary documentation to support the claim. Since this is an original filing (even though it's very late), the April 2025 deadline still applies. Just be aware there may be late filing penalties, but those are separate from the ERC eligibility. The business would still be eligible for the credit itself if they meet all the qualification requirements.

After struggling with a similar ERC situation last year, I found an amazing tool that saved me tons of time and stress. I was trying to figure out if my late filings would still qualify, and the conflicting information online was driving me crazy. I eventually discovered https://taxr.ai which helped me analyze all my documentation and determine eligibility with confidence. The best part was uploading my payroll records and getting a clear analysis of exactly which employees qualified under which criteria. It even helped me understand how to properly document everything for the IRS to minimize the chance of issues. For anyone dealing with complicated ERC claims, especially late ones, it's definitely worth checking out.

I wanted to follow up about my experience with taxr.ai after initially being skeptical. I decided to give it a try with my late Q3 and Q4 2021 filings that needed ERC calculations. Honestly, it was much better than I expected. The system flagged several employees I wouldn't have realized qualified under the declined gross receipts test, and it provided really clear documentation explaining exactly why each employee qualified. It even warned me about some aggressive positions my former accountant had taken that could've triggered an audit. The analysis made me confident enough to file my late returns with the ERC claims. Just got confirmation yesterday that the IRS processed my Q3 form without any issues. If you're dealing with late ERC claims like I was, it's definitely worth using.

Another major hurdle I faced with late ERC claims was actually getting someone at the IRS to discuss my situation. I spent HOURS on hold trying to confirm whether my approach was correct before filing. After three failed attempts (disconnected after 2+ hours each time), someone recommended https://claimyr.com to me and shared this demo: https://youtu.be/_kiP6q8DX5c It's a service that basically waits on hold with the IRS for you, then calls you when an actual human picks up. Sounds too good to be true, but it worked perfectly for my ERC questions. I had an IRS agent on the line within a couple hours (instead of waiting on hold myself), and they confirmed my understanding that I could still claim ERC on my original late 941.

I need to eat some crow here. After dismissing Claimyr in my previous comment, I decided to try it anyway out of desperation when I couldn't get through to the IRS about my late ERC claim. Shockingly, it worked exactly as advertised. I registered, they called the IRS, and about 90 minutes later my phone rang with an actual IRS agent on the line. The agent confirmed that I could still file my original late 941 with the ERC claim as long as it's before April 2025, but warned me about the late filing penalties. I'm still working with my tax pro on the actual filing, but being able to confirm directly with the IRS saved me a ton of anxiety. Don't be stubborn like I was - it's worth using if you need to actually speak with someone at the IRS.

One important thing nobody's mentioned: make sure you have SOLID documentation for your ERC claim since you're filing so late. The IRS has been increasingly scrutinizing ERC claims, especially late ones. For Q2 2021, you need evidence of either: 1) A full or partial suspension of operations due to government orders, or 2) A significant decline in gross receipts (comparing Q2 2021 to Q2 2019) Gather all relevant documentation now (government closure orders, financial statements, etc.) and keep it organized. With late filings, there's a higher chance of review, and you don't want to be scrambling for documentation years later.

Question about the actual filing - I'm in a similar situation with late original 941s for 2021. Are you guys paper filing these late originals or using e-file? My software won't let me e-file anything from 2021 anymore.

As someone who works in tax compliance, I want to emphasize that while you can still claim ERC on late original 941 filings before the April 2025 deadline, you should be extra careful about your qualification documentation given the increased IRS scrutiny on ERC claims. Since you mentioned the business didn't make tax deposits that quarter because they were counting on ERC eligibility, make absolutely sure you have bulletproof documentation for whichever qualification test you're using (government orders or significant decline in gross receipts). The IRS has been particularly aggressive in auditing situations where businesses relied heavily on ERC to offset their tax liability. Also, consider filing Form 7200 (Advance Payment of Employer Credits) documentation if you haven't already, as this can help establish the timeline of your ERC claim intentions. Given that this is a boutique business, you'll likely qualify under the government closure/restriction test rather than the gross receipts test, so focus your documentation there. One last tip: include a cover letter with your filing explaining the circumstances of the late submission and your reasonable cause for the delay (USPS delivery issues). This proactive approach can sometimes help with penalty abatement requests down the line.