Tax News

IRS Crackdown on 20,000 Employee Retention Credit Claims

The Internal Revenue Service (IRS) has recently taken a significant step in combating fraudulent tax practices by disallowing over 20,000 Employee Retention Credit (ERC) claims. This move underscores the IRS’s commitment to maintaining the integrity of tax systems, particularly in the wake of pandemic-related tax measures. This article aims to dissect the implications of this crackdown, providing a thorough understanding of the ERC, the reasons behind the disallowances, and essential guidance for businesses and taxpayers.

Background of the Employee Retention Credit (ERC)

The ERC was introduced as a part of pandemic relief efforts to encourage businesses to keep employees on their payroll during the economic disruption caused by COVID-19. It offered a refundable tax credit to eligible employers, but as with many rapid-response measures, it opened avenues for potential misuse.

IRS’s Recent Action on ERC Claims

On December 6, 2023, the IRS announced the disallowance of ERC claims from over 20,000 taxpayers. This crackdown primarily targets claims filed by non-existent entities or those without paid employees during the eligible period. This action is a clear message from the IRS about its stance on aggressive tax claims and fraudulent practices.

Reasons for Disallowance

A significant portion of the disallowed ERC claims were filed by entities that were not legally established or operational during the ERC eligibility period. This includes:

  • Shell Companies: Some claims originated from shell companies created solely for the purpose of exploiting this credit, without engaging in legitimate business activities.
  • Fraudulent Entities: There were also cases of outright fraudulent entities claiming the credit, which had no legal standing or operational history.

Another major reason for disallowance was the absence of paid employees, a core requirement for the ERC. This includes:

  • Sole Proprietors with No Employees: Many sole proprietors or single-member LLCs without employees erroneously applied for the credit.
  • Misinterpretation of “Employee”: Some businesses misunderstood the definition of an “employee” under the ERC guidelines, leading to ineligible claims.

Implications for Taxpayers and Businesses

This development carries significant implications:

  • Increased Scrutiny: Businesses can expect heightened examination of their tax filings, especially concerning pandemic-era credits and deductions.
  • Need for Accurate Record-Keeping: Accurate and thorough documentation is crucial in substantiating any claims made on tax returns.
  • Awareness and Compliance: Taxpayers must be well-informed about the eligibility criteria and rules governing tax credits like the ERC.

Best Practices for Compliance

To avoid falling into similar pitfalls, businesses and taxpayers should adhere to the following best practices:

  • Understand Tax Credit Requirements: Ensure a comprehensive understanding of the qualifications and requirements of any tax credit before claiming it.
  • Maintain Detailed Records: Keep detailed and accurate records of all business transactions, employee payments, and operational statuses.
  • Seek Professional Advice: Consult with tax professionals or legal advisors to ensure compliance with complex tax laws and regulations.
  • Stay Informed on Tax Law Changes: Regularly update yourself on changes in tax laws, especially those related to pandemic relief measures.


The IRS’s crackdown on improper ERC claims is a stark reminder of the importance of compliance with tax laws and regulations. It is incumbent upon businesses and taxpayers to understand the nuances of tax credits like the ERC and to maintain stringent record-keeping and reporting practices. By adhering to these principles, businesses can safeguard themselves against unintended non-compliance and contribute to the integrity of the tax system.