Skip to main content
Level 3
September 20, 2023
Question

ERC Advise

  • September 20, 2023
  • 3 replies
  • 33 views

We have had quite a few of our clients that have outsourced for the ERC credit. When I check the IRS information about ERC it doesn't look like most of our clients should have received any credits, but somehow they did. We have a client right now who received almost $700,000 in credits. When I looked at it I see that they did qualify for the credit for 3 quarters but the CPA office that did the credit for them did it for 6 quarters, nor did they advise the client that the corporate income  tax returns need to be amended for 2020 and 2021. And the client is under the impression that the credit is not taxable. Are we completely missing something here? Is there someone here that would be willing to help me understand this stuff? 

In my thought process the credit reduces the payroll expenses for those years which increases the net income. Which is taxable. What am I missing??? 

So confused!

 

This topic has been closed for replies.

3 replies

Just-Lisa-Now-
Intuit Community Champion
September 20, 2023

"In my thought process the credit reduces the payroll expenses for those years which increases the net income. Which is taxable. What am I missing??? "

Youre not missing anything, youre correct, those prior year returns need to be amended to account for the credits they received....these ERC credit mills are just slamming out credits (and collecting HUGE fees) whether people really qualify or not and theyre not following up on the rest of what needs to be done.

Have you see these?  Prepare your clients now for the inevitable IRS audit that will follow at some point

https://www.irs.gov/newsroom/irs-opens-2023-dirty-dozen-with-warning-about-employee-retention-credit-claims-increased-scrutiny-follows-aggressive-promoters-making-offers-too-good-to-be-true


https://www.irs.gov/newsroom/to-protect-taxpayers-from-scams-irs-orders-immediate-stop-to-new-employee-retention-credit-processing-amid-surge-of-questionable-claims-concerns-from-tax-pros

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
tsorensenAuthor
Level 3
September 20, 2023

I have seen those. But the company that did these credits for this particular client seems to be a legit CPA office. They wouldn't be scamming would they? They also charged the client a percentage of the refund which I found fishy but them being a CPA office makes me question my own abilities.

IRonMaN
Level 15
September 20, 2023

"but the CPA office that did the credit for them did it for 6 quarters, nor did they advise the client that the corporate income  tax returns need to be amended for 2020 and 2021"

How legit are they?   I remember the good old days when CPAs were not allowed to bill based on a percentage of a refund under any circumstances.  I miss those days.

Slava Ukraini!
IRonMaN
Level 15
September 20, 2023

Some CPA's had to cheat to pass their ethics exam.  Those are the folks that are cranking out the ERC credits and leaving destruction in their path to earn premium fees.  It sucks.

Slava Ukraini!
BobKamman
Level 15
September 20, 2023

This is hilarious.  You're questioning the ethics of a CPA firm that noticed your client qualified for three quarters of the ERC, something that apparently you missed.  But now you are certain that they are wrong about another three quarters.  People who live in glass houses shouldn't call kettles black.  Or something like that. 

The ethical question now is whether you should continue to consider these taxpayers your client.  Have they asked you to do amended returns?  Are you insisting on doing them?  I think "former clients" is a better description.  

tsorensenAuthor
Level 3
September 20, 2023

I did not start out my discussion questioning the ethics of a CPA firm. My question was about not understanding what I was missing about the ERC and looking for people to help me. If I remember correctly I said "what am I missing?". I am not trying to put down this CPA firm in anyway. I am very sorry if my question in any way insinuated that. 

IRonMaN
Level 15
September 20, 2023

I would have to be the party that was guilty on insinuating that.  If they were that wonderful of a firm they would have at least given the client a hint that they would need to amend some returns.  And how did the client end up down there to begin with?  Did the firm go on a fishing trip looking for new fish to catch by contacting the client and telling them that they were going to be able to save them a billion dollars through their great skill and knowledge?  Taking a percentage of the payoff should be left to ambulance chasing lawyers, not CPAs.

Slava Ukraini!