Amending for ERC late

[Yourcfo67]

I have a client that received ERC for 2020 but never amended their 1120-S.  They also have available 179 expense after adding back wages for the ERC.  I think I can still amend the 2020 return to show the ERC but will the service allow me to take the additional 179 expense made available?  And will I have to paper file the amended return because it is outside the deadline?  Is there a better course of action?  Thanks for your help!

[sjrcpa]

Yes you would need to paper file.

Yes you can use the additional  Section 179. Did it get used as a carryforward in 2021, 2022, or 2023?

Consider whether you want to file the amended 2020 return because technically as of today, 3/12/25, the statute of limitations has run on 2020 returns.

[sjrcpa]

UPDATE:

See  Income Tax and ERC Q2 issued yesterday 3/20/25. Riding out the statute doesn't appear to be a viable option.

Frequently asked questions about the Employee Retention Credit | Internal Revenue Service

[TaxGuyBill]

---

@sjrcpa wrote:

Riding out the statute doesn't appear to be a viable option.

Frequently asked questions about the Employee Retention Credit | Internal Revenue Service

---

FAQs don't have any 'official' authority.  In my opinion, we need to stick with Notice 2021-49.

[sjrcpa]

I agree they are not authoritative. But it does IRS' current position.