Already Filed for ERC? Make Sure Your Claim Can Stand Up to Review.
The Employee Retention Credit provided substantial relief to businesses affected during the COVID-19 pandemic. Today, the bigger issue for many employers is whether an existing claim was properly supported, calculated, and documented. TaxCap helps businesses review ERC claims, identify potential compliance issues, organize supporting records, and understand the appropriate next step.
Where Does Your ERC Claim Stand?
Different situations require different next steps
Review eligibility and documentation while the claim remains in process. Some unpaid claims may still qualify for the IRS withdrawal process.
Review whether eligibility, wages, PPP coordination, and supporting records match the credit that was paid.
Identify what the IRS is questioning and determine the administrative and statutory deadlines that apply.
Reconstruct the original claim and identify unsupported positions or documentation gaps before deciding what action may be appropriate.
New ERC Claims Are Largely Behind Us. Existing Claims Still Require Attention.
The ERC applied to qualifying wages paid during portions of 2020 and 2021. The normal periods for most employers to file amended payroll tax returns claiming the credit have expired. But the IRS continues to process, review, disallow, audit, and handle appeals involving existing ERC claims. Businesses with pending or previously paid claims still need to understand how those claims were built.
The general correction period involving ERC-qualified wages paid in 2020 expired for most employers on this date.
The general correction period involving ERC-qualified wages paid in 2021 expired for most employers on this date.
Under legislation enacted July 4, 2025, an ERC claim for the last two quarters of 2021 generally cannot be allowed or refunded if it was filed after January 31, 2024. The law also extended the IRS assessment period for certain later-2021 ERC claims.
Filing history, payroll return type, claim period, payment status, and IRS correspondence can materially affect the options available in a specific case.
Four Questions Every Business With an ERC Claim Should Be Able to Answer
A large refund amount doesn't prove that an ERC claim was correct. Eligibility, payroll data, PPP coordination, wage calculations, and documentation all need to support the position taken on the amended payroll tax returns.
Were You Actually Eligible?
Depending on the period involved, eligibility generally required satisfying specific ERC rules involving a qualifying decline in gross receipts, a full or partial suspension caused by an applicable government order, or another statutory eligibility provision such as the recovery startup business rules.
Were the Right Wages Used?
Not every dollar of payroll automatically qualified. Employer size, qualified wages, health-plan expenses, wages paid to certain related individuals, other wage-based credits, and the applicable ERC rules can affect the calculation.
Was PPP Handled Correctly?
Receiving a PPP loan did not automatically prevent ERC eligibility. However, the same wages generally could not be used both for PPP loan forgiveness and the ERC. The underlying wage allocation should support both positions.
Can You Support the Claim?
A defensible ERC file should explain why the business qualified, identify the employees and wages included, show how the credit was calculated, and document how PPP and other relevant wage programs were handled.
Don't Wait for an IRS Letter to Find Problems in Your Claim
If any of these situations sound familiar, an ERC compliance review may help identify documentation gaps, questionable eligibility positions, or calculation issues before they become more difficult to resolve.
Government Order Was Never Documented
The claim relied on a shutdown or operational restriction, but the specific governmental order and its actual effect on business operations were never clearly documented.
Revenue Test May Have Been Misapplied
Gross-receipts calculations, comparison periods, aggregation rules, or underlying financial data may not support the eligibility position originally used.
PPP Wages May Overlap
Payroll used for PPP forgiveness may also have been included in the ERC calculation without an appropriate allocation between the two programs.
A Promoter Prepared the Claim
An outside ERC company promised a large refund but provided little explanation of the legal eligibility position, wage calculation, or records supporting it.
Documentation Is Incomplete
Your business claimed or received a substantial credit but does not have one organized file supporting eligibility, payroll, calculations, PPP allocation, and related records.
The Calculation Was Never Rechecked
The original preparer's calculation was accepted without comparing it against payroll records, Forms 941-X, PPP information, financial records, and the claimed quarters.
An ERC Review Should Start With the Claim—Not the Refund Amount.
TaxCap works backward from the filed claim to understand how eligibility was established, how qualified wages were calculated, and whether the supporting records tell the same story as the amended payroll tax returns.
Reconstruct the Claim
Review Forms 941 and 941-X, payroll reports, original calculations, PPP records, financial data, and available supporting documentation.
Recheck Eligibility
Examine the eligibility basis used for each claimed quarter and identify positions requiring additional factual or documentary support.
Review Wage Calculations
Compare qualified wages, health-plan expenses, PPP allocations, related-person rules, and relevant payroll records with the credit actually claimed.
Identify Risk
Flag unsupported positions, inconsistent calculations, missing records, questionable wage treatment, and other issues that may need attention.
Determine the Next Step
Depending on claim status and the facts, determine whether documentation should be strengthened, whether an eligible pending claim can be withdrawn, whether an IRS notice should be disputed, or whether tax or legal counsel should be involved.
Received an ERC Letter From the IRS?
An ERC information request or claim disallowance should not be treated like routine correspondence. The letter, filing history, eligibility position, supporting records, and applicable deadlines should be reviewed together before deciding how to respond.
Review My IRS ERC NoticeReceived Letter 105-C or 106-C?
A taxpayer generally has two years from the date of Letter 105-C or 106-C to file a refund suit. Requesting an IRS administrative appeal by itself does not extend that statutory period.
In qualifying situations where the taxpayer has responded to the disallowance, is waiting for IRS consideration, and has six months or less remaining in the two-year period, Form 907 may be used to request an agreed extension. The extension is not effective unless the IRS signs the agreement.
What Was the Employee Retention Credit?
The ERC was a refundable employment tax credit created to support certain eligible employers during the COVID-19 pandemic. The credit amount and eligibility rules differed between 2020 and 2021.
Up to $5,000 Per Employee
For eligible employers, the 2020 ERC generally equaled 50% of up to $10,000 of qualified wages per employee for the year, resulting in a maximum credit of $5,000 per employee.
Expanded Credit for Applicable 2021 Quarters
For applicable 2021 periods, the ERC generally increased to 70% of up to $10,000 in qualified wages per employee per quarter. For most employers, eligibility ended after the third quarter of 2021, while qualifying recovery startup businesses could be eligible under separate rules for the fourth quarter.
Turn Years of ERC Records Into One Reviewable File
ERC claims can involve payroll reports, Forms 941 and 941-X, PPP records, financial statements, governmental orders, worksheets, and IRS correspondence spread across multiple systems. TaxCap helps organize that information into a structured review so the claim is easier to understand and evaluate.
Your ERC Refund May Be in the Past. Your Compliance Responsibility Isn't.
Whether your ERC claim is still pending, already paid, under IRS review, or facing a notice or disallowance, TaxCap can help you understand how the claim was built, identify potential issues, and determine whether the available documentation supports it.
Review My ERC Claim