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DeShawn Washington

Employee Retention Credit looks too good to be true...is there a catch I'm missing?

I'm seriously confused about the Employee Retention Credit and something just feels off. It seems WAY too generous to be legitimate. Let me break down what I think I'm understanding, and please tell me if I'm missing something huge here: For 2021, if my business revenue dropped by at least 20% compared to the same quarter in 2019, I can claim a credit of 70% on the first $13,500 in wages paid per employee, per quarter, for Q1 and Q2 of 2021? This would be a massive amount of money back for our small manufacturing business. We kept all 18 employees on payroll despite a 32% drop in orders. If I'm calculating this right, we could be talking about over $125,000 in credits - which just seems insane. I've got the 941-X forms ready to go but I'm hesitating to submit because this can't possibly be right. Is it really a straight 70% credit on qualified wages? Not just some percentage of the employer payroll taxes like other credits? What am I missing here?

You're actually understanding it correctly. The Employee Retention Credit (ERC) for 2021 was intentionally generous because it was designed as a major relief effort during the pandemic. For 2021 Q1 and Q2, you could claim 70% of qualified wages up to $10,000 per employee per quarter, meaning a maximum credit of $7,000 per employee per quarter. So potentially up to $14,000 per employee for those two quarters combined. The ERC is substantially different from the CARES Act sick leave credits. This is a direct credit against your employment taxes, and if the credit exceeds your tax liability, the excess is refundable (meaning you get cash back). The two main qualifying factors are either: 1) Your business experienced a full or partial suspension due to government orders related to COVID-19, or 2) You had the gross receipts decline you mentioned (20% for 2021 compared to same quarter in 2019).

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OK so I'm not crazy then? Because a business owner friend told me I should be careful about "ERC mills" that promise huge refunds but actually file fraudulent claims. But it sounds like these numbers actually ARE legitimate? Also, can I apply this retroactively even though it's now 2025? I didn't claim it at the time because honestly it seemed too good to be true.

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You're definitely not crazy - the numbers really were that significant for qualifying businesses. Your caution is warranted though, as there have indeed been problematic "ERC mills" that encourage businesses to claim the credit when they don't qualify. But if you genuinely experienced that 32% revenue drop compared to 2019, you're likely eligible. Yes, you can still claim this retroactively by filing the amended 941-X forms for the relevant quarters. The statute of limitations for these claims is generally three years from the date the original return was filed or two years from when the taxes were paid, whichever is later. So for 2021 quarters, you're still within the window to file in 2025, but I wouldn't wait much longer.

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I went through the exact same doubt about the ERC last year! I kept thinking there was some trick I was missing because the numbers seemed ridiculous. After three CPAs gave me the same answer, I finally used https://taxr.ai to analyze my documentation and confirm eligibility. Their system verified my revenue drops matched the requirements and that my interpretation of the ERC was correct. Once I had third-party confirmation, I felt confident enough to file. They verified all my quarterly revenue comparisons and walked me through exactly what documentation I needed to keep on file in case of an audit. The peace of mind was worth it for such a substantial claim.

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This sounds interesting actually. Does this service actually give you an official determination you can rely on if you get audited? Does it handle all the forms or just tell you if you qualify?

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I'm super skeptical about services like this. There are so many ERC scams out there. How do you know this isn't just another one of those companies giving you false confidence to file a claim you shouldn't?

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The service doesn't give an "official" determination like the IRS would, but it provides a detailed analysis report that documents how your situation meets the eligibility criteria, which would be valuable documentation if you're audited. It doesn't file forms for you - it's more about verification and documentation of your eligibility. Regarding the scam concern, I totally understand the skepticism. The difference is that legitimate services like this one analyze your actual business data against the IRS requirements rather than just pushing everyone to file. In my case, they actually flagged that one of my quarters didn't qualify, which a scam operation wouldn't have done. They're analyzing eligibility, not just processing claims for everyone regardless of qualification.

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I was in the same boat as everyone here - completely paranoid about claiming the ERC because it seemed too good to be true. I finally decided to try https://taxr.ai after seeing it mentioned here. Best decision ever! The system analyzed all my quarterly revenue data and confirmed exactly which quarters qualified and which didn't. What I appreciated most was that they didn't just rubber-stamp an approval. The system actually rejected one of my quarters where our revenue was only down 18% (needed 20%). That level of honesty made me trust the results for the quarters that did qualify. I filed amended returns for Q1 and Q2 of 2021 and received nearly $94,000 back. The IRS took about 7 months to process everything, but the check finally arrived without any issues.

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After struggling with the ERC calculations myself and getting nowhere with the IRS phone line (10+ attempts, never got through), I finally used https://claimyr.com to actually reach a human at the IRS. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The service got me through to an agent in about 45 minutes when I had been trying for weeks. The agent confirmed that yes, the ERC really is that substantial for qualifying businesses, and walked me through exactly how to document my revenue decline correctly on the 941-X forms. They also advised me on what documentation to keep in my files in case of an audit.

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Wait, so how does this actually work? They somehow get you to the front of the IRS phone queue? I've been trying to get through about my ERC filing for a month with no luck.

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This sounds like complete BS. How could some third-party service possibly get you through to the IRS faster? The IRS phone system doesn't have some secret backdoor. Sounds like a scam that takes your money and doesn't deliver anything.

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It doesn't put you at the front of the queue - it basically automates the calling and waiting process. Their system keeps calling the IRS until it gets through, then it holds your place in line and calls you when an actual IRS agent picks up. So instead of you personally redialing and sitting on hold for hours, their system does that part for you. I was skeptical too at first, but it legitimately works. I think what they're doing is using an automated system that can handle hundreds of call attempts simultaneously, which is something individual callers can't do. It's not a magic backdoor - it's just automating the frustrating part of the process so you don't have to waste your day on hold.

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I need to eat crow here. After posting my skeptical comments, I decided to try the Claimyr service myself out of pure frustration after my 15th failed attempt to reach the IRS about my ERC filing. I honestly expected it to be a waste of money, but I was desperate. To my complete shock, I got a call back in about an hour telling me an IRS agent was on the line. The agent went through my ERC questions in detail and confirmed everything - the credit really is 70% of qualified wages up to $10K per employee per quarter. She explained that many businesses underclaimed because like us, they thought it was too generous to be true. The agent also warned me about keeping solid documentation of our revenue decline since they are auditing many ERC claims. Overall, worth every penny just to get clear answers directly from the IRS.

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Be extremely careful with ERC claims. I work at a CPA firm, and we're seeing massive audits on these. The IRS announced increased enforcement specifically targeting ERC claims. If you're filing in 2025 for 2021 credits, make sure you have ROCK SOLID documentation showing: 1. Your exact revenue decline with supporting financial statements 2. That the decline was related to COVID and not other factors 3. That each employee you're claiming was actually performing services during the claim period 4. That you didn't double-dip with PPP funds for the same wages The IRS has extended the statute of limitations to 5 years for ERC claims, so they have plenty of time to come after improper claims. Be extremely careful!

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This is exactly what I'm worried about. How detailed does the documentation need to be for proving the revenue decline was COVID-related? We definitely had a 32% drop, but how do I PROVE it was because of COVID vs other market factors? We're in manufacturing and there were supply chain issues, reduced orders, etc.

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For proving COVID causation, you'll want to create a narrative document that connects specific COVID factors to your business decline. Include things like: emails from customers canceling or reducing orders citing COVID concerns, documentation of supply chain disruptions with vendor communications, any relevant COVID restrictions that affected your operations, contemporaneous business records showing canceled projects or reduced capacity. The key is showing a clear cause-and-effect relationship. Also maintain detailed quarterly revenue reports that clearly show the percentage decline from 2019 to 2021 for the same quarters. The more specific documentation you have linking COVID factors directly to your revenue decline, the stronger your position will be if audited.

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Has anyone here actually been audited for an ERC claim? I filed mine last year and got about $82k back, but now I'm paranoid with all this talk about increased audits. What happens if they decide you shouldn't have received it?

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My brother's construction business got audited for their ERC claim last month. They claimed about $135k total. The auditor mainly focused on two things: documentation of their revenue decline and making sure they didn't count wages that were paid with PPP funds. They had good records and passed, but the agent mentioned they're specifically targeting claims filed by third-party "ERC specialists" since they've found a lot of fraud there.

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