• Employee Retention Credits – Probing the Strength of IRS Penalty Threats

  • Mar 13 2024
  • Length: 59 mins
  • Podcast
Employee Retention Credits – Probing the Strength of IRS Penalty Threats cover art

Employee Retention Credits – Probing the Strength of IRS Penalty Threats

  • Summary

  • The IRS is trying various methods to halt what it considers improper Employee Retention Credit (“ERC”) claims, including penalty threats. Browbeating taxpayers with potential penalties is standard stuff, but it becomes particularly interesting in the ERC context, where the IRS’s ability to carry out its warnings is questionable. This article, the latest in a series, describes the evolving ERC guidance, highlights the recurrent themes of “complexity” and taxpayer “victimization,” reviews relevant penalty-mitigation standards, and suggests that taxpayers considering their next move need to determine how much weight IRS penalty threats really deserve.

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