Congress’ Employee Retention Credit (ERC) rules make tax refunds available for taxpayers who shelled out money for employee wages and health insurance in 2020 and 2021. Is the ERC now in the rearview mirror? Not really. ERC remains as hot as ever in the tax-refund marketplace.

We’ll show you exactly what you need to do to qualify to claim ERC in 2023 for the 2020 and 2021 years. If your clients are on the fence about an ERC claim, we’ll do our best to help you get them back on the road in the right direction.

Aggressive so-called tax representation firms are combing the earth for prospective clients and offering to split the profits from an ERC tax-refund bonanza. But are the tactics and tax positions they take legitimate and advisable? IRS is truly cranking up and prosecuting bad players for criminal fraud. This raises the question: what is a permissible ERC claim and what pushes the matter too far?

While IRS has not pushed out any new ERC rules recently, the courts have been active in beginning to take down IRS regulatory and sub-regulatory guidance that was not properly promulgated under the Administrative Procedures Act (APA). And it just so happens that the many IRS Notices and FAQs interpreting the ERC do not appear to have been promulgated correctly. What does this mean to you? It means a re-thinking of the taxpayer’s approach to ERC may indeed be in order.

This freshly updated course takes a thoughtful look at where ERC refund claims stand today, what to do about the outstanding claims sitting in the IRS abyss, how to handle related income tax interactions, whether a taxpayer qualifies for the ERC, and the unvarnished truth about IRS enforcement actions to date.

Highlights

• How to move forward if any of your clients are part of the more than 50% who have still not filed for ERC (It’s not too late!)
• New high-quality thought and debate on qualifying under the partial suspension rules
• How ERC sweatshop refund mills are pushing things too far—and how to help your clients avoid falling into their trap
• A look at how vulnerable some of IRS’ ERC guidance may be
• A sobering look at both civil and criminal IRS enforcement efforts against fraudulent ERC claims
• How involving your Congressperson just might get some ERC claims popping
• The latest IRS guidance that can help clients recover after Congress ripped 4Q ERC out from under them
• How IRS Notice 2021-49 views the corporate shareholder’s (and spouse’s) eligibility for ERC—and recommended strategies for response. How IRS’ anti-taxpayer position is probably not on solid footing
• What’s the deadline for filing your clients’ claims?
• Exactly who qualifies—and who doesn’t—for ERC
• The new opportunities ARPA opens for start-up businesses
• How to allocate wages between ERC and PPP or other credits
• Rounds 1, 2, and 3 of ERC: How they’re different; how they’re the same
• How to combine your clients’ businesses under the attribution rules
• How the window for ERC claims will be closing soon if you don’t act

Presenter: Bradley Burnett

Bradley Burnett, J.D., LL.M., is a practicing Colorado tax attorney with 40 years of tax practice experience.  His practice emphasis is on tax planning and tax controversy resolution.  He also prepares a handful of tax returns.

Mr. Burnett has delivered more than 3,000 presentations on U.S. tax law throughout all fifty U.S. states, Washington, D.C., the Bahamas, Italy, Greece, Turkey, and Canada. He has authored texts of 35 CPE courses.  He has appeared on television answering tax questions for call-in viewers of Denver NBC affiliate KUSA Channel 9.  Brad received the Illinois Society of CPAs Instructor Excellence Award for teaching in Chicago and five times has been the top-rated, most requested instructor for CPA Society annual tax conferences.

Burnett’s seminar style is to deliver the subject matter in briskly paced, enthusiastic and witty fashion.  His forte’ is the candid communication of practical ideas relating to tax law.

“As an attendee at the March 24^th online webinar “Claiming ERC in 2023..” (CPA Trendlines – Leyva Learning – March 24), I was pleasantly surprised by the content and tone of the presentation. Having tried to reconcile what little guidance I could find from the IRS with what clients and media were reporting as program requirements, it was refreshing to hear a reasoned response supported by authoritative citations.“ – D.M., CPA

Host: Rick Telberg

• Founder and CEO CPA Trendlines, Bay Street Group
• Accounting Today Top 100
• CPA Practice Advisor Top 25

Host: Sandi Leyva

• Founder Accountant’s Accelerator, Leyva Learning LLC
• CPA Practice Advisor Top 25
• Most Powerful Women in Accounting