• Improper ERC Claims: Liability for Third-Party Payers, Employers, or Both?

  • May 29 2024
  • Length: 32 mins
  • Podcast

Improper ERC Claims: Liability for Third-Party Payers, Employers, or Both?

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  • Summary

  • Employers generally are required to withhold, deposit, and remit taxes on wages paid to their employees. They are obligated to file various returns with the IRS documenting their actions, too. Many employers hire a third-party payer (“TPP”) to handle these duties. Things often go smoothly, but issues can arise when situations get complicated. One example is when an employer files an Employee Retention Credit (“ERC”) claim through its TPP, the IRS allows it, and then it starts looking for persons to audit. This article, the latest in a long series, explains the various ERC laws and analyzes the four main sources of IRS guidance thus far about liability for tax underpayments and penalties resulting from improper ERC claims.
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