• Employee Retention Tax Credit

    From Stan Brown@21:1/5 to All on Fri Jun 21 15:31:47 2024
    Today's New York Times reports that the IRS has announced around 90%
    of claims for this credit, which was created in 2020, appear to be
    fraudulent.

    https://www.nytimes.com/2024/06/20/us/politics/irs-pandemic-tax- credit-fraud.html?unlocked_article_code=
    1.1U0.1RHN.oAYRmkFklVlV&smid=url-share

    The article left me with a question: can the IRS legally audit
    applications that were already approved, and if so how likely is it
    to do that? (I'm just curious; it wouldn't affect me directly either
    way.)

    --
    Stan Brown, Tehachapi, California, USA https://BrownMath.com/
    Shikata ga nai...

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  • From John Levine@21:1/5 to All on Fri Jun 21 22:44:23 2024
    According to Stan Brown <[email protected]>:
    The article left me with a question: can the IRS legally audit
    applications that were already approved, and if so how likely is it
    to do that?

    This press release says, among other things:

    Audits: The IRS has thousands of ERC claims currently under audit.

    https://www.irs.gov/newsroom/irs-enters-next-stage-of-employee-retention-credit-work-review-indicates-vast-majority-show-risk-of-being-improper

    --
    Regards,
    John Levine, [email protected], Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

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  • From Stan Brown@21:1/5 to John Levine on Sat Jun 22 11:19:08 2024
    On Fri, 21 Jun 2024 22:44:23 EDT, John Levine wrote:

    According to Stan Brown <[email protected]>:
    The article left me with a question: can the IRS legally audit
    applications that were already approved, and if so how likely is it
    to do that?

    This press release says, among other things:

    Audits: The IRS has thousands of ERC claims currently under audit.

    https://www.irs.gov/newsroom/irs-enters-next-stage-of-employee-retention-credit-work-review-indicates-vast-majority-show-risk-of-being-improper

    Thanks for the link, John. My question was whether the IRS can audit
    _approved_ claims, and if so whether it's going to attempt to claw
    back the money paid out. Initially I forgot that "audits" can come
    after a return has been accepted and any refund paid.

    And the press release answers it explicitly, a little earlier:

    "Compliance work on previously processed ERC claims continue [sic],
    and work continues on a number of efforts to counter questionable
    claims:

    "... The IRS has determined that more than 12,000 entities filed over
    22,000 claims that were improper and resulted in $572 million in
    assessments. This initial round of letters covers Tax Year 2020.
    Thousands more of these letters are planned in coming months to
    address Tax Year 2021, which involved larger claims. ..."

    It's the "previously processed" ones -- "approved", as I would have
    said -- that I was curious about.

    In hindsight, I have to admit it was a silly question. I had
    forgotten: If you file a 1040 that claims more of a refund than
    you're entitled to, they may very well pay it initially but then come
    back later with an assessment. There's no reason the ERC should be
    any different.

    --
    Stan Brown, Tehachapi, California, USA https://BrownMath.com/
    Shikata ga nai...

    --
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  • From bc@21:1/5 to [email protected] on Sat Jun 22 14:02:18 2024
    On Sat, 22 Jun 2024 11:19:08 EDT, Stan Brown
    <[email protected]> wrote:

    There's no reason the ERC should be any different.

    With the exception of the extended statute of limitations Congress
    provided for ERC claims.
    --
    Bruce Cantor, CPA, JD
    Admitted in Colorado

    --
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    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
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    << are at www.asktax.org. >>
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