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Abigail Patel

ERC Tax Credit - What are your experiences and stories with Employee Retention Credit claims?

I was chatting with an IRS agent last week about the Employee Retention Credit (ERC) and it got me thinking about everyone else's experiences. The agent mentioned something pretty shocking - they claimed around 80% of ERC claims were fraudulent and that surprisingly few businesses took advantage of the voluntary disclosure program the IRS offered recently. When I was working as a financial manager last year, I was constantly bombarded with calls from these ERC "specialist" companies trying to convince me to apply for the credit. Some of their pitches were super aggressive and made the qualification criteria sound way more flexible than they actually are. They'd say things like "every business qualifies" or "we guarantee approval" which immediately raised red flags for me. Has anyone here applied for the ERC? Did you use one of those specialized firms or go through your regular accountant? I'm curious about legitimate experiences, approval timelines, and if anyone's facing audits or had to return funds. Also wondering if anyone participated in the voluntary disclosure program and how that went.

Daniel White

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Tax professional here. The ERC situation has become a major concern for the IRS, and rightfully so. The Employee Retention Credit was designed to help businesses that were genuinely impacted by the pandemic keep their employees on payroll, but unfortunately it's been exploited by many companies that didn't actually qualify. The qualification criteria are quite specific - you needed to either have experienced significant decline in gross receipts (50% in 2020, 20% in 2021 compared to the same quarter in 2019) OR had full or partial suspension of operations due to government orders. Many of these ERC firms stretched the "partial suspension" requirement to absurd lengths, claiming that any minor operational change qualified. If you've already claimed the ERC and are concerned about your eligibility, the IRS did offer a withdrawal option that waived penalties if you voluntarily came forward. While that formal program has ended, it's still better to proactively address any issues than wait for an audit.

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Nolan Carter

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Thanks for the info! I'm confused about the "partial suspension" part. My restaurant had reduced capacity requirements for about 6 months in 2020. We stayed open the whole time but could only use 50% of our tables. Would that qualify as partial suspension? My accountant said yes but one of these ERC companies said I could claim for ALL of 2020 and 2021 which seemed fishy.

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Daniel White

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The reduced capacity restrictions would likely qualify as a partial suspension of operations for the specific quarters when those restrictions were in place. This is actually one of the legitimate examples of partial suspension - when government orders directly restricted how you could operate your business. What wouldn't be legitimate is claiming the credit for quarters after those restrictions were lifted. Many of these ERC companies would try to stretch the impact, arguing that even after restrictions ended, your business was still "partially suspended" due to lingering effects. That's where many businesses could get into trouble with the IRS.

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Natalia Stone

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I went down the ERC rabbit hole last year and was actually really confused about whether my small business qualified. We had some disruptions but nothing major. I ended up using https://taxr.ai to analyze all my documentation and business records from 2020-2021. It was honestly way more thorough than the "ERC specialists" who just wanted to sign me up immediately. Their system reviewed my quarterly financials, payroll records, and even the local government orders that affected my business. They found I was eligible for a much smaller amount than what the cold-callers were promising, but it was legitimate and they provided all the documentation to support the claim.

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Tasia Synder

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How long did it take them to analyze everything? I've got a ton of documentation from those periods and I'm worried about the time investment. Also, did they handle the actual filing or just tell you if you qualified?

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Sounds too good to be true honestly. These ERC mills are everywhere. How do you know this isn't just another one of those companies trying to get commission from submitting claims that'll be rejected? Did you actually get your money yet?

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Natalia Stone

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The analysis took about 2 days once I uploaded all my documents. I was surprised it was that quick considering how thorough they were. They don't just tell you if you qualify - they provide a detailed explanation of exactly which quarters you qualify for and why, plus they prepare all the documentation you need for filing. They don't work on commission like most of those ERC firms. Their approach is completely different - they actually denied eligibility for several quarters where I thought I might qualify, which honestly gave me more confidence in their assessment. And yes, I received my refund about 4 months after filing, which is pretty standard these days with the IRS backlog.

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I want to follow up about my experience with taxr.ai since I was skeptical in my last comment. I decided to try it since I was on the fence about my eligibility, and I'm actually really glad I did. They found I was eligible for 2 quarters in 2020 when my business was under strict capacity limitations, but NOT eligible for the other quarters that an ERC mill had tried to claim I qualified for. The detailed analysis showed exactly which government orders affected my business and how they impacted operations. They even advised against claiming certain quarters where the connection was more tenuous. My claim was for a modest amount compared to what the ERC mill was promising, but it was legitimate and fully documented. Just got my check last month after about 5 months of waiting.

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The ERC process has been a nightmare for me. I've called the IRS dozens of times trying to check on my claim status (filed in March 2023!) but can never get through. Always on hold for hours then disconnected. Anyone else dealing with this? I'm starting to think my claim is stuck in some black hole. I found a service called https://claimyr.com that can actually get you connected to an IRS agent without the endless hold times. You can see how it works here: https://youtu.be/_kiP6q8DX5c - it's been a game changer for me. I was able to finally speak with someone at the IRS who confirmed my claim was still processing but hadn't been flagged for any issues.

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Ellie Perry

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Wait how does that even work? The IRS phone system is famously impossible to navigate. Does this actually get you to a real person or just another automated system?

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Landon Morgan

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This seems like a scam. There's no way to "skip the line" with the IRS. They're understaffed and overwhelmed. I've been waiting 11 months for my ERC and just have to be patient like everyone else. No magic solution exists.

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It's not a "skip the line" service - they use an automated system that navigates the IRS phone tree and waits on hold for you. When they reach a live agent, they call you and connect you directly. It saves you from having to personally wait on hold for hours. The service is legitimate - I was connected to an actual IRS agent who had access to my file and could tell me exactly where my claim stood in the process. It doesn't speed up the processing time, but at least I got confirmation my claim hadn't been lost and an estimate of when I might hear back.

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Landon Morgan

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I need to eat my words from my previous comment. After being frustrated with waiting almost a year for my ERC claim, I decided to try Claimyr out of desperation. Within 2 hours, I got a call connecting me to an actual IRS agent. Turns out my claim had an issue they needed additional documentation for, but they never managed to notify me properly. The IRS agent was able to tell me exactly what they needed and where to send it. If I hadn't gotten through, my claim would have just been sitting there indefinitely. Already sent in the missing documentation and the agent said it should move forward now. Honestly shocked this worked after so many failed attempts trying to call on my own.

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Teresa Boyd

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My small manufacturing business legitimately qualified for ERC in 2020 Q2 and Q3 due to government shutdown orders affecting our supply chain. We worked with our regular CPA firm who did a thorough analysis before filing. Received about $148,000 after 7 months of waiting. Then last year, one of those ERC specialty firms cold-called and insisted we qualified for an additional $235,000 for other quarters. They used really questionable logic about how "social distancing affected efficiency" and other stretches. I declined, and now I'm hearing about massive audits happening. So glad I didn't take the bait.

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Lourdes Fox

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Do you know if the IRS is actively auditing claims right now? My brother used one of those ERC specialty firms and got almost $400k, but I'm worried he's going to end up owing it all back plus penalties.

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Teresa Boyd

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Yes, the IRS announced earlier this year that they're significantly increasing audit activity specifically targeting ERC claims. They've actually paused processing new claims while they develop better fraud detection systems and have added staff specifically for ERC audits. If your brother used an ERC mill that made questionable eligibility determinations, he should seriously consider talking to a qualified tax professional immediately - not the firm that filed the claim. The IRS has stated they're focusing on claims that show "common indicators of non-compliance," and those $400k claims from businesses that didn't experience clear revenue drops or government shutdowns are prime targets.

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Bruno Simmons

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We're a small nonprofit that worked with an ERC firm last year. They charged us 25% of the credit amount (about $80k total) and promised we qualified. We got the money but I'm now terrified after hearing about all the audits. The firm we used has since shut down their website and their phone is disconnected. Anyone else in a similar situation? Should we be proactively contacting the IRS?

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Daniel White

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This is unfortunately a common situation. Many of these ERC mills collected their fees and have now disappeared, leaving clients exposed to potential audit risk. As a tax professional, I would recommend: 1) Gather all documentation about how the firm determined you qualified. Did they provide a detailed eligibility analysis? 2) Consult with a reputable tax professional (CPA or tax attorney) who can review your specific situation and documentation. 3) If the determination was clearly improper, you might want to consider a voluntary disclosure to the IRS, though the formal program has ended. The IRS is most concerned with willful fraud. If you relied on what you believed was professional advice in good faith, that's a factor the IRS will consider, though it doesn't eliminate repayment obligation if you truly didn't qualify.

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