Email Adam Email
Financial
Mar 17, 2023

Beware of ERC Credit Mills

Sponsored Content provided by Adam Shay - Director of VCFO Services, Red Bike Advisors

Most business owners are aware of the Employee Retention Credit (ERC) - a payroll tax credit for continuing to pay employees during times of revenue drop or Covid impacts to a business in 2020 and 2021.  Most marketing of this credit is not coming from the business owners’ tax advisors, but from online ads, text messages, LinkedIn messages, emails, etc. that are pushing for them to get their share of government money.  Unfortunately, most of the companies that are aggressively promoting these services are encouraging business owners to claim the ERC credit when they are not eligible—they just want to generate their fees and let the business owner deal with the fallout.  There’s not a week that goes by where a marketer (apparently unaware of my occupation) sends me some sort of message.   

What is the Employee Retention Credit (ERC)?

ERC is a payroll tax credit for employers impacted by drops in gross revenue (50% Q2-Q4 2021, 20% Q1-Q3 2022).  There is also the potential to claim the credit based upon government order shutdowns or supply chain issues from government shutdowns.  The same wages cannot be used for Paycheck Protection Program (PPP) forgiveness and the employee retention credit.  Owner or relative wages generally don’t qualify for ERC.

When you claim the credit you must reduce your payroll expense income tax deduction. This typically means that previously filed income tax returns need to be amended.

What is it not?

ERC is not a blanket credit or government handout for every business owner because of Covid impacts and shutdowns.  The IRS has recently made it clear that they intend to focus enforcement efforts on the ERC and especially on ERC credit mills that are playing fast and loose with the qualification rules.

What happens if I claim an invalid credit?

You may have to pay back the credit plus penalties.  In the worst case scenario you have to pay back the ERC credit and lose wage deductions on your income tax return.

What should I do if I receive an ERC Audit?

Engage a firm, like ours, that is well versed in both ERC and Tax Issue Resolution.

Our goal today was to educate you about the Employee Retention Credit as well as the risks associated with it.  If you are seriously interested in ERC, discuss it in detail with a tax advisor that can evaluate the specifics of your situation.  You should not be afraid to take the credit if you qualify but you also should approach a company you don’t know promising you thousands of dollars in credits with your eyes wide open.

Other Posts from Adam Shay

Redbikeadvisors block[55]
Ico insights

INSIGHTS

SPONSORS' CONTENT
Untitleddesign13

The Benefits of Choosing Local Partners in Construction

Jim Hundley - Thomas Construction Group
Untitleddesign13 162533932

Who You Hire to Sell Your Business Might Be the Most Important Decision You Make

Tully Ryan - Murphy Business Sales
Untitleddesign14

Efforts Underway to Address Healthcare Workforce Shortages

Jack Watson - University of North Carolina Wilmington, College of Health and Human Services

Trending News

New Retail, Office Hub To Open In Hampstead

Emma Dill - May 23, 2025

2025 Coastal Entrepreneur Of The Year Announced, Category Winners Recognized

Cece Nunn - May 22, 2025

Endowment Officials Offer Insights On Current Initiatives, Grant Plans

Rickie Houston - May 22, 2025

Pender Commerce Park Building Changes Hands For $23.5M

Emma Dill - May 22, 2025

Nest Realty Finds New Place To Roost In Carolina Beach

Cece Nunn - May 23, 2025

In The Current Issue

CEA Technology Winner: Fintech Firm Illuminates Loan Risks

The company's co-founder and CEO said, “We’re trying to expand the way banks assess credit and do it in a very quick, automated way."...


CEA Biotech Winner: Connecting A Pharma Supply Chain

“I started Frontier Scientific Solutions to solve critical gaps I saw in the pharmaceutical supply chain – especially in temperature-control...


CEA Professional Services Winner: Catering To CFO, Bookkeeping Needs

Capone & Associates has grown rapidly in just under three years, founder Chris Capone said, adding that the company takes an entrepreneurial...

Book On Business

The 2024 WilmingtonBiz: Book on Business is an annual publication showcasing the Wilmington region as a center of business.

Order Your Copy Today!


Galleries

Videos

2024 Power Breakfast: The Next Season