What are the updates to the Employee Retention Credit (ERC) in 2023?

David Levy
June 27, 2023

What are the updates to the Employee Retention Credit (ERC) in 2023?

Moratorium on New Claims

On September 14, 2023, the Internal Revenue Service (IRS) temporarily halted the processing of new Employee Retention Credit (ERC) claims until at least December 31, 2023. The existing claims filed before this date will continue to be processed, albeit with a potential delay in processing times.

Surge in Claims and Fraudulent Activities

This decisive action was taken in response to a significant surge in ERC claims, where the IRS received 15% or 540,000 of the total 3.6 million claims over the past 90 days preceding the announcement. The IRS also identified a swell in ERC scams and questionable claims, prompting the moratorium.

Marketing Lures

The IRS noted marketing activities luring ineligible taxpayers to claim the ERC, necessitating the temporary moratorium to curb such fraudulent activities.

Financial Implications for Businesses

The moratorium and other updates in 2023 have brought about substantial financial implications for businesses nationwide. The halt in processing new claims could impact many companies' cash flow and financial planning, especially those relying on the ERC for financial relief.

Navigating the Changes

Employers are advised to remain updated on the latest guidelines and legislative changes surrounding the ERC. Consulting with tax professionals and utilizing reputable channels for submitting any future ERC claims once the moratorium is lifted can be prudent steps in navigating these updates.

Continuous Monitoring

The landscape of financial aid, including the ERC, is subject to change, reflecting the evolving economic conditions and governmental strategies to combat fraudulent claims and ensure the rightful dispersion of support. Employers should continuously monitor official announcements from the IRS and other relevant bodies to stay informed and compliant.

The year 2023 has brought about pivotal changes to the Employee Retention Credit, underscoring the importance of vigilance, accurate documentation, and adherence to the evolving guidelines in claiming this financial aid. As we venture into the next section, we'll discuss any potential changes to the ERC projected for 2024, ensuring a comprehensive understanding of this financial landscape.

What are the projected changes to the Employee Retention Credit in 2024?

The Employee Retention Credit (ERC) has undergone multiple alterations since its inception, with each change aimed at better addressing the economic impacts of the pandemic on employers. As we enter 2024, several notable updates have been made to the ERC program, reflecting the evolving economic landscape and the government's continued efforts to provide financial relief to businesses. Here are the projected changes to the ERC in 2024:

Continued Access to Funds

Employers can continue to access funds through the ERC program in 2023 and 2024 despite several rounds of changes since the program was first introduced.

Moratorium Lifted

The temporary halt on the processing of new ERC claims, implemented in 2023, is projected to be lifted in 2024, allowing the IRS to resume processing new claims.

Enhanced Scrutiny

In light of the surge in ERC claims and the identified fraudulent activities, it's anticipated that there will be enhanced scrutiny and possibly more stringent eligibility criteria to curb fraudulent claims and ensure the rightful distribution of the credit.

Detailed Guidelines and Resources

Comprehensive guides have been published to provide detailed information on claiming ERC rebates in 2024, including eligibility requirements, maximum allowable refunds, and the application process. These guides aim to help employers understand the changes, how they may affect new claims, and how they can maximize their rebates.

Eligibility Assessment Tools

Tools have been developed to help employers assess their eligibility for the ERC and estimate their potential rebates. These assessment tools are designed to simplify the application process and ensure eligible employers can claim the maximum allowable amount.

Continued Interactions with PPP Loans

The interaction between the ERC and Paycheck Protection Program (PPP) loans continues, where business owners who have already enrolled in or received funds through the PPP can still claim ERC refunds, provided they meet the eligibility criteria.

Evolving Eligibility Criteria

The eligibility criteria have evolved to adapt to the changing economic conditions. For instance, a new threshold based on the number of employees may be introduced, and the list of scenarios that may qualify an employer for the ERC could be updated to reflect the current economic climate.

Professional Assistance

Employers are encouraged to seek professional assistance or use professional services included in the eligibility assessment to complete their rebate claims, ensuring accurate application and maximization of the credit.

The projected changes to the Employee Retention Credit in 2024 underscore the dynamic nature of this financial relief program. As the economic conditions continue to evolve, so does the ERC, with the government striving to ensure that the credit provides meaningful support to businesses while maintaining fiscal responsibility and integrity in the distribution of the credit.