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Are your ERC Claims Legitimate?

Are your ERC Claims Legitimate?

By:

Mark Perlberg

Published:

December 1, 2023

Updated:

October 14, 2026

1 min read

Although the ERC offers businesses potential tax credits of up to $26,000 or more per employee up to 10 employees, some ERC cheaters and scammers have driven the IRS to:
⦁ Stop processing new claims until after December 31, 2023.
⦁ Issue a Circular 230 warning to tax pros.
⦁ Release IRS Forms 3949-A and 14242 to report cheaters, and more.

If your ERC claims (whether filed or unfiled) are not legit, you could be on the hook for repayment of the funds you received plus penalties and interest. Possibly, too, your ERC claim should have been filed but wasn’t or was filed incorrectly?

ERC claims hold special importance for:
One-owner and married-couple-owned businesses (proprietorships, single-member LLCs, S corporations, C corporations) with fewer than full-time 500 employees, including dentists, physicians, and lawyers in private practice, real estate and insurance sales professionals, financial planners, engineers, consultants, and other business owners.

Key Takeaway
You don't have to choose between your financial goals. Start by taking advantage of available employer benefits, then balance your remaining savings between short-term priorities and long-term financial growth. Keep money needed in the near term in an appropriate low-risk option, and consider the tax implications before using long-term savings.

You can still amend 2020 and 2021 payroll tax returns for the ERC but time is running out: You must amend your 2020 payroll tax returns by April 15, 2024, and their 2021 payroll tax returns by April 15, 2025.

If you need help with this, we welcome you to Begin with a Free Tax Savings Discovery Session Here.

About the author

Mark Perlberg

Certified Tax Planner

Mark Perlberg is a CPA, Certified Tax Planner, and specializes in helping real estate investors and entrepreneurs achieve their financial goals through strategic tax planning. He has been a CPA since 2015, and since 2019, has served hundreds of entrepreneurs to create tax plans with savings as high as $2.5 Million in a single year through advanced planning methods. Mark and his team collaborate closely with clients to understand their unique goals and circumstances, evaluating all sources of past, present, and future financial events to guide them toward the most advantageous business and financial decisions. Originally from New York and now based in Atlanta, Mark is also a passionate foodie and a world traveler.

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