IRS Crackdown: Is your ERC benefit actually a liability?

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The Employee Retention Credit (“ERC”) is now more than three and a half years old. While it was passed to get cash to businesses in need, it has morphed into one of the most claimed tax credits by small and medium-sized businesses in history. The purpose of this article is to describe the history of the ERC, how the IRS is currently addressing claims, the interplay between the payroll tax and income tax statutes of limitations, and aggressive enforcement campaigns that are beginning as a result of the proliferation of promoters advising taxpayers to claim the ERC without regard to the rules.

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