Employers Be Forewarned and Forearmed: Recent IRS Announcements Require Action on ERTC Claims

By David Fuller and Jennifer Hill on November 9, 2023

Asserting that many employers have improperly claimed Employee Retention Tax Credit (ERTC) refunds, the Internal Revenue Service (IRS) released two new announcements that address ERTC claims. Following these new IRS announcements, most employers should consult their legal and tax advisors and consider filing protective refund claims to preserve their employment and income tax positions and to defend against potential IRS penalties and interest.

David Fuller
David Fuller focuses his practice on matters involving employee fringe benefits, independent contractor/employee classification, payroll taxes, information reporting, corporate aircraft, supplemental unemployment compensation benefits (SUB pay), and the contingent workforce (outsourcing, PEOs, and employee leasing). His unique practice includes tax litigation on a wide range of significant FICA and tax refund matters. Read David Fuller's full bio.

Jennifer Hill
Jennifer D. Hill focuses her practice on employee benefits and executive compensation matters. Jennifer routinely reviews qualified retirement plans, executive compensation and employment agreements and equity compensation to ensure conformity with Section 409A, ERISA and COBRA. Read Jennifer D. Hill's full bio.

Employers Be Forewarned and Forearmed: Recent IRS Announcements Require Action on ERTC Claims

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