IRS Opens Process to Resolve Incorrect Claims for the Employee Retention Credit
The Internal Revenue Service (IRS) announced that it is opening a supplemental claim process to help third-party payers and their clients resolve incorrect claims for the Employee Retention Credit (ERC). Currently, third-party payers (TPPs) report and pay clients’ federal employment taxes under the third-party payer’s Employer Identification Number. Moreover, the IRS notes that some of these TPPs filed ERC claims for multiple employers, and that if a third-party payer’s client has since determined it is ineligible for the ERC and wants to resolve their claim, it is the third-party payer that needs to correct it.
The supplemental claim process announced today by the IRS lets a third-party payer that filed a prior claim with multiple clients “withdraw” only some clients while maintaining the claims of the qualifying clients. A supplemental claim is an adjusted employment tax return that allows a third-party payer to correct and/or consolidate previous claims that they filed on or before January 31, 2024, if those claims have not yet been processed by the IRS. By filing a supplemental claim, the third-party payer is asking the IRS not to process outstanding adjusted employment tax returns for the tax period. The IRS will treat claims filed before the supplemental claim as if they were never filed.
The supplemental claim process is for third-party payers to which all of the following apply: (1) the third-party payer has filed one or more claims aggregating Employee Retention Credits for itself and/or clients using the TPP’s Employer Identification Number; (2) the third-party payer made the claim on an adjusted employment tax return (Forms 941-X, 943-X, 944-X or CT-1X); and (3) the IRS has not processed any of the claims the third-party payer is including in the supplemental claim.
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