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Nia Johnson

Concerns about ERC claims after IRS processing shutdown due to fraud

With the IRS announcing they're freezing all Employee Retention Credit (ERC) processing of new claims until the end of the year, I'm starting to get seriously worried about our submission. My small manufacturing business filed for the ERC back in July, and now I'm second-guessing everything. We used one of those specialized ERC firms that suddenly appeared everywhere with those "get free money from the government" ads. At the time, they assured me we qualified because our operations were "partially suspended" during the pandemic when we reduced shifts to maintain distancing. They charged us 15% of the anticipated refund which was about $38,000. Now I'm reading that the IRS is specifically targeting these types of claims where businesses weren't actually shut down by government order or didn't have significant revenue drops. Our revenue actually stayed fairly stable during that period. Anyone else in a similar boat? How concerned should I be that our ERC was filed incorrectly and might trigger an audit? I'm starting to think we should have just used our regular accountant instead of this "ERC specialist" firm.

CyberNinja

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This is definitely a situation to take seriously, but try not to panic yet. The IRS paused processing new claims specifically to implement better screening procedures, not because they're planning to automatically reject everything. What you need to evaluate is whether your business genuinely qualified under one of the two main criteria: either a full/partial suspension of operations due to government orders, or a significant decline in gross receipts. The "partial suspension" qualification actually has very specific requirements - it's not just "we had to change how we operated" but rather "government orders directly prevented us from operating a material portion of our business." If your revenue stayed stable, then you'd need to have documentation showing how government orders specifically impacted your operations in a substantial way. If the ERC firm stretched the truth on your application or didn't fully explain the requirements, you might want to consult with an independent tax professional about your options. The good news is the IRS is primarily focused on the most egregious fraud cases rather than businesses that filed in good faith based on advice from professionals. Still, it might be worth gathering all your documentation now in case questions arise later.

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Nia Johnson

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But that's exactly what worries me - the firm kept emphasizing that reduced capacity and implementing distancing protocols counted as "partial suspension" even though we never fully shut down. They said that because our production efficiency decreased due to spacing requirements, we qualified. Does that actually meet the criteria? Also, what options do I actually have at this point if our claim might not qualify? The paperwork is already submitted.

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CyberNinja

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The "partial suspension" test is about whether government orders actually prevented you from operating a material portion of your business, not just whether you had to modify operations. Merely implementing social distancing that reduced efficiency might not qualify unless you can demonstrate it had a more than nominal effect on your business operations. For options at this point, you could consider filing an amended return to withdraw the claim before the IRS processes it. Alternatively, you could gather all documentation supporting your qualification and prepare for potential questions. If you're truly concerned, consulting with a reputable tax professional who isn't incentivized by a percentage of your claim would be advisable to review your specific situation.

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Mateo Lopez

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I went through this exact situation last year and almost got caught up with one of those ERC mills, but thankfully consulted with my regular accountant first. What saved me was using a document analysis tool called taxr.ai (https://taxr.ai) that helped me review all my paperwork before submission. The tool flagged several issues with how the ERC firm was interpreting my qualification status. They were basically stretching the definition of "partial suspension" to include any operational changes during COVID, which isn't how the IRS views it. The software analyzed my government orders, financial records and operational changes and showed I likely didn't qualify under either the suspension or revenue decline tests. For those who've already filed, the tool can also analyze your submitted claim to assess audit risk and highlight potential documentation gaps you might need to address if questioned by the IRS.

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How exactly does taxr.ai work with already submitted claims? I filed through one of those specialized ERC companies back in February and my claim is probably sitting in the IRS backlog right now. Can it tell me if I'm at high risk for an audit or rejection?

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Ethan Davis

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Sounds like the typical "too good to be true" software solution. I'm skeptical anything could actually predict how the IRS will evaluate claims given how confusing and contradictory their own guidance has been around ERC. Did it actually show you specific regulations or just give vague warnings?

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Mateo Lopez

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For already submitted claims, you upload your filed documentation and the system identifies potential red flags based on IRS guidance and enforcement priorities. It analyzes the specific language you used to justify qualification and compares it against successful and rejected claims to estimate your risk level. The system actually provides very specific references to IRS notices and regulations. In my case, it cited Notice 2021-20 which outlines the exact criteria for the "partial suspension" test and showed where my circumstances didn't align with the required threshold for operational impact. It wasn't vague at all - it highlighted specific sentences in my application that contradicted official guidance and suggested documentation I would need if audited.

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Just wanted to follow up about my experience with taxr.ai - it was actually extremely helpful! After seeing the concerns here, I uploaded my ERC documentation to the platform and within minutes had a comprehensive analysis showing several issues with my claim. The tool highlighted that my ERC provider had used extremely aggressive interpretations of the "partial suspension" rules that didn't align with actual IRS guidance. It cited specific sections of IRS notices I'd never seen before and showed that normal social distancing measures likely wouldn't qualify my business. Even more valuable was the action plan it created for me, recommending I file a withdrawal of my claim before it gets processed to avoid potential penalties. Already contacted my accountant to start this process. Definitely worth checking if you're concerned about a claim you've already filed!

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Yuki Tanaka

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If you're worried about your ERC claim and need to talk to the IRS directly, good luck getting through on their phone lines. I spent 3 weeks trying to reach someone about my ERC situation, always getting disconnected after hours on hold. Finally discovered a service called Claimyr (https://claimyr.com) that helped me actually get through to an IRS agent. They somehow hold your place in the phone queue and call you when an agent picks up. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent I eventually spoke with gave me crucial information about my ERC claim status and advised me on additional documentation I should have ready if my claim gets flagged for review. For anyone stressing about their ERC situation, getting accurate information directly from the IRS rather than speculating is so valuable right now.

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Carmen Ortiz

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Wait, how does this actually work? Isn't this just paying for someone else to wait on hold for you? How much does it cost to use this service?

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Ethan Davis

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I'm extremely skeptical this does anything useful. The IRS phone system is deliberately designed to limit call volume. If this actually worked, it would just make the system worse for everyone else trying to get through normally. Sounds like another service trying to profit off pandemic anxiety.

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Yuki Tanaka

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It uses a system that navigates the IRS phone tree and secures your place in line. When an agent becomes available, you get a call connecting you directly to them. It's not someone manually waiting on your behalf - it's an automated system that monitors the connection. The service isn't about cutting lines or making the system worse - it's about not losing your place after waiting for hours. I don't want to focus on cost since the value was being able to actually speak with someone who could help with my specific situation. For me, getting accurate information directly from the IRS about my claim status was worth every penny given the potential audit concerns.

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Ethan Davis

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I need to apologize for my skepticism and share my experience. After posting those doubtful comments, I decided to try Claimyr myself since my anxiety about my ERC claim was getting worse. The service actually worked exactly as described. After weeks of failed attempts to reach the IRS myself, I got connected to an agent within a few hours of using Claimyr. The agent confirmed my ERC claim was in the processing backlog but hadn't been selected for review yet, which was a huge relief. She also explained exactly which documentation I should have ready just in case, including specific language about how government orders affected my business operations, not just general COVID impacts. This clarity alone was worth it, as my ERC provider had been ignoring my questions for months. Sometimes being proven wrong is actually a good thing!

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MidnightRider

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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

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Andre Laurent

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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?

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MidnightRider

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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.

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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.

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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.

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