Brotman Law May 12, 2024 18 min read

ERTC Audit Defense for Alabama Companies

The Tax Attorney's Guide to Strategic ERTC Audit Defense for Alabama Businesses

In Alabama, where the economy is driven by a combination of industries including automotive manufacturing in the north, a robust aerospace sector in Huntsville, and significant agricultural operations throughout the state, the Employee Retention Tax Credit (ERTC) has played a crucial role in helping businesses navigate the economic fallout of the COVID-19 pandemic. This federal program supports companies that have retained their workforce despite facing significant operational and financial challenges. However, receiving the ERTC also exposes these businesses to potential IRS audits. For Alabama enterprises, mastering ERTC compliance is key to maximizing the benefits of the program and managing audit risks effectively.

This guide will outline effective strategies for ERTC audit defense applicable to the diverse economic backdrop of Alabama, emphasizing the importance of thorough preparation and the role of legal expertise.

Understanding the ERTC in Alabama’s Business Landscape

The ERTC offers a refundable tax credit to employers who retained staff despite experiencing significant declines in gross receipts or undergoing full or partial suspensions of their operations due to government-mandated COVID-19 restrictions. For Alabama businesses, particularly those impacted by disruptions in their specific sectors, accurately documenting these impacts is crucial for establishing ERTC eligibility and preparing for potential IRS audits.

Alabama's COVID-19 Orders and Their Impact on Businesses for ERTC Audit


  • State of Emergency Declaration (March 2020) - Governor Kay Ivey declared a state of emergency to address the COVID-19 outbreak. This foundational action facilitated the implementation of subsequent orders and enabled access to emergency funds, setting the groundwork for businesses to start documenting disruptions for ERTC eligibility.
  • Stay-at-Home Order (April 2020) - This order required residents to stay at home unless for essential activities, leading to a significant reduction in customer traffic for non-essential businesses. The direct impact on retail, entertainment, and hospitality sectors supports their ERTC claims as operations were either suspended or severely restricted.

  • Closure of Non-Essential Businesses (April 2020) - Specific businesses such as dine-in restaurants, bars, and entertainment venues were mandated to close, directly affecting their revenue and operations. This government-mandated closure qualifies as a suspension of business activities, essential for ERTC claims.

  • Mandatory Mask Mandate (July 2020) - The implementation of a statewide mask mandate required businesses to enforce new health protocols, impacting operational costs and customer interactions. The adaptation to these regulations and the potential reduction in customer foot traffic due to compliance requirements are relevant for ERTC calculations.

  • Safer at Home Order (May 2020) - As the state transitioned from a strict lockdown, the Safer at Home order allowed businesses to reopen but with stringent capacity limits and social distancing guidelines. Despite reopening, the continued restrictions limited business functionality and profitability, supporting ERTC eligibility due to ongoing partial suspensions.

  • Extension of Public Health Emergency (Multiple times in 2020 and 2021) - The frequent extensions of the public health emergency underscored the continuing economic impact of the pandemic, reinforcing the need for businesses to maintain detailed documentation of operational disruptions for ERTC eligibility.

  • Ban on Large Gatherings (Ongoing from 2020 into 2021) - Continued restrictions on large gatherings affected venues and businesses reliant on event-based revenue, reinforcing their ERTC claims due to limited operational capacity and direct revenue impacts.

  • Financial Assistance Programs for Small Businesses (2020-2021) - Alabama launched several financial aid programs aimed at supporting businesses experiencing economic distress. Participation in these programs underscores the financial impact experienced, supporting ERTC documentation by illustrating the necessity for additional support to retain employees.

  • Amendment of Safer at Home Order to Increase Capacity (2021) - Adjustments to previous orders gradually increased capacity limits for businesses such as restaurants and retail stores, reflecting a phased approach to economic reopening. Businesses must document the impact of phased capacity increases on their operations and workforce to support ongoing ERTC claims.

  • Vaccination Rollout and Business Implications (2021) - As vaccines became available, businesses had to navigate new challenges, including managing vaccination policies and adjusting operations to align with evolving public health guidelines. These adjustments are relevant to ERTC claims as they demonstrate efforts to safely increase operational capacity and sustain employment.

Throughout the pandemic, Governor Kay Ivey’s administration in Alabama implemented a range of measures aimed at balancing public health safety with mitigating economic impacts. For Alabama businesses preparing for an Employee Retention Tax Credit Audit, it is crucial to document how each state order affected their operations, financial health, and employment practices. Detailed records should include the timing of government orders, descriptions of how these orders influenced operational capacities, financial impacts, and efforts to retain employees under challenging conditions. This comprehensive documentation will be key to demonstrating the necessity of the ERTC during periods of significant operational disruption and recovery.

Impact of COVID-19 on Alabama's Economy

The COVID-19 pandemic brought significant economic disruption to Alabama, with profound effects across its diverse sectors including automotive and manufacturing, aerospace in Huntsville, and the state's extensive agricultural industry. Each sector faced unique challenges that not only impacted their immediate operations but also necessitated comprehensive documentation for purposes such as substantiating eligibility for the Employee Retention Tax Credit (ERTC) and preparing for IRS audits.

  • Automotive and Manufacturing Sector Disruptions: Alabama’s automotive and manufacturing sectors, which include major plants scattered throughout the state, experienced considerable upheaval due to the pandemic. These industries were hit hard by mandatory shutdowns and widespread supply chain disruptions. The halt in production was not just a temporary pause but a significant blow to the economy, affecting thousands of jobs and the overall production output. The disruption in supply chains, compounded by delays in the delivery of parts and raw materials from global suppliers, further exacerbated the situation. For businesses within these sectors, documenting these disruptions is critical. Detailed records of shutdown periods, descriptions of supply chain issues, adjustments made to operations, and efforts to mitigate impacts on employees are essential. These documents are vital for demonstrating the direct effects of the pandemic on business operations, thereby supporting claims for the ERTC.
  • Aerospace Industry Challenges in Huntsville: The pandemic led to shifts in contract timelines and deferrals of government projects in Huntsville, a pivotal location for the U.S. aerospace industry. These changes were due to government-mandated restrictions and national priorities shifts as resources were reallocated to address immediate public health concerns. The aerospace sector, reliant on precise timelines and the steady flow of government contracts, had to navigate this new uncertainty. The firms had to adjust their operations, delay projects, and in some cases, reshuffle their workforce. Documenting these shifts is crucial for aerospace businesses in Huntsville. They must maintain detailed records of contract changes, project delays, and any government communications related to COVID-19 impacts, as these documents will substantiate their ERTC eligibility by highlighting the operational and financial challenges faced during the pandemic.
  • Agricultural Sector Volatility: Alabama’s agricultural sector was not immune to the pandemic’s impacts, grappling with market volatility and significant distribution challenges. Farmers and agricultural processors saw fluctuating demand as consumer behaviors shifted and markets adjusted to the new economic realities. Additionally, disruptions in distribution channels, particularly during state and nationwide lockdowns, complicated efforts to get products to market, affecting both sales and overall business viability. For agricultural businesses, it is imperative to document these market fluctuations and distribution challenges accurately. Detailed records of changes in demand, logistical hurdles, and strategies employed to adapt to these conditions are necessary to demonstrate the economic impact on their operations, crucial for justifying ERTC claims.

For all sectors in Alabama, the narrative of navigating through the pandemic involves significant adaptation and strategic decision-making. Accurate documentation of these economic impacts and operational changes is not merely bureaucratic but essential for securing vital financial support through mechanisms like the ERTC. This comprehensive approach ensures that businesses can effectively demonstrate to the IRS the extent of the pandemic’s impact and justify their need for financial relief to sustain operations and retain essential staff.

Avoiding Common Mistakes in ERTC Claims

Alabama businesses seeking to capitalize on the Employee Retention Tax Credit (ERTC) can enhance their chances of a successful claim by avoiding common pitfalls associated with the process. The ERTC, designed to encourage employers to keep employees on payroll during challenging times, requires meticulous attention to detail in both application and compliance. By understanding and sidestepping frequent mistakes, businesses can better navigate this beneficial financial incentive.

One significant error that Alabama businesses make is misinterpreting the eligibility criteria for the ERTC. The credit is available to businesses that experienced either a full or partial suspension of operations due to government orders or a significant decline in gross receipts during a calendar quarter compared to the same quarter in 2019. Misunderstanding these conditions can lead to either unwarranted claims or missed opportunities. Companies should consult with tax professionals to thoroughly review their operations and financial records to confirm eligibility based on these criteria.

Another common oversight is the failure to maintain adequate documentation. The IRS requires detailed records showing how the pandemic affected business operations and finances. This includes demonstrating the link between operational changes, such as reduced hours, and the claimed tax credit. Employers should keep comprehensive records of government orders affecting their business, financial statements for relevant periods, and detailed payroll records. Proper documentation not only supports the claim but also protects against potential disputes during an audit.

Calculation errors also pose a substantial risk to businesses applying for the ERTC. The credit calculation involves specific percentages of qualified wages and caps on the amount of credit per employee. Errors can occur if the business does not accurately track the number of qualifying employees, mistakenly includes wages that are not eligible, or misapplies the wage caps. To prevent these mistakes, businesses are advised to use detailed payroll reports and, if possible, leverage payroll processing software that can be configured to comply with ERTC requirements.

Confusion often arises when businesses claim the ERTC while also receiving benefits from other COVID-19 relief programs, such as the Paycheck Protection Program (PPP). It's crucial to understand that wages used to claim the ERTC cannot be the same wages used for PPP loan forgiveness. Navigating the interplay between different relief efforts requires a strategic approach to maximize the benefits from each program without breaching compliance rules.

Businesses should also be cautious about relying on outdated information. The rules and provisions surrounding the ERTC have evolved, with legislative updates expanding eligibility and altering qualification thresholds. Keeping abreast of these changes is vital. Employers should stay informed through reputable sources and may find it beneficial to attend seminars or workshops provided by tax advisors or industry groups.

Proactive audit preparedness is another critical area where businesses can protect themselves. Implementing internal reviews or even third-party audits can help uncover any discrepancies in the ERTC claim process before the IRS does. These preemptive audits can help ensure that the claim is robust, with all necessary documentation and calculations verified.

Lastly, fostering a culture of compliance within the organization is essential. This involves training and regularly updating staff involved in the finance and payroll departments about the latest ERTC regulations and best practices. Establishing a compliance-focused environment can help minimize errors and provide a strong foundation for any inquiries or audits that may arise.


By steering clear of these common errors, Alabama businesses can more effectively leverage the ERTC to maintain their workforce and stabilize operations during economic downturns, ensuring they reap the full benefits of the program while remaining compliant with federal guidelines.

Conclusion: Securing Continued Benefits from the ERTC in Alabama

For businesses across Alabama, effectively managing ERTC claims involves more than just meeting eligibility criteria; it requires strategic planning, meticulous documentation, proactive audit defense measures, and leveraging specialized legal expertise. By adopting these practices, businesses can confidently navigate the complexities of ERTC audits and ensure continued financial stability and growth in Alabama’s diverse economic environment.











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Last updated: May 18, 2024

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