Eligibility
Examine the basis used to claim the credit, the periods involved and the supporting facts. A prior filing or third-party study does not by itself establish eligibility.
ERC Forensic Review
Review the eligibility, calculations and substantiation behind a previously filed Employee Retention Credit claim.
Review what was filed.
The ERC relates to qualifying wages in historical pandemic periods. This service focuses on a previously filed claim and its supporting record.
Calculations
Review the payroll data, workpapers and methodology used to quantify the claim, including the treatment of overlapping benefits where relevant.
Substantiation
Review the records supporting the position and identify gaps, inconsistencies or questions requiring further analysis.
Respond to the facts and the claim’s status.
Discovery meeting
Discuss the business’s circumstances, prior ERC filings, work already performed and any IRS correspondence.
Assessment
Review the filings and available substantiation. Document the conclusions, limitations and information still needed.
Possible next steps
Discuss whether the existing position is supported or whether correction, additional documentation or a response to IRS correspondence should be considered with the appropriate tax or legal adviser.
Current restrictions need individual review.
IRS guidance states that ERC claims for the third and fourth quarters of 2021 filed after January 31, 2024 generally cannot be allowed or refunded after July 4, 2025. Claim status, filing dates, correspondence and any correction or appeal route need individual review. A review does not promise a refund, penalty relief or a particular outcome.
Marketing concerns
Aggressive ERC promotion is a reason to examine the evidence carefully. Evaluate your claim on its facts, rather than on a promoter’s assurances. An incorrect claim can lead to repayment, interest or penalties.
Correction and response
Do not assume a new claim, amended claim, withdrawal or disclosure route is available. Establish the applicable process and timing before acting.
Engagement scope
Agree on the review deliverables, responsibilities and any need for independent legal advice. Confirm any representation or post-review support separately.
Related services.
We agree on the scope, specialist involvement and deliverables for each engagement.