EMPLOYEE RETENTION TAX CREDIT FILINGS

The Employee Retention Tax Credit is a commonly known, but equally misunderstood, tax credit that may be available to your business. We are seeing credit amounts for qualifying employers in the hundreds of thousands to millions of dollars, but it is essential to file with an established ERC law firm to protect your business from fraudulent claims and audits done on your behalf. 

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YOU MAY BE ELIGIBLE EVEN IF YOU HAVE RECEIVED A "NO."

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Why Hire Brotman Law To Help You With Your ERC Filing?

  • Brotman Law is an established law firm with a sterling reputation in the legal community
  • Our firm has processed over $125 million in ERC claims
  • We have supervised thousands of individual ERC claims and are highly familiar with the requirements
  • We have dealt with the most difficult, technical ERC claims so we can handle filings for even highly complex business structures
  • We provide an opinion letter written by an ERC tax lawyer and audit protection for ERC claims we handle
  • Recognition as a Super Lawyer from 2015-2023, which is awarded to the top 3% of lawyers
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YOU CAN RECEIVE UP TO $26,000 PER EMPLOYEE

There Are Two Tests That Determine Eligibility

THE FINANCIAL IMPACT TEST

This test is measured by comparing a quarter in 2019 to the same quarter in 2020 or 2021. In doing so, if a business has shown a decline in revenue that meets the designated amount set by the IRS, the business qualifies for the Employee Retention Tax Credit based on the financial impact test.

THE OPERATIONAL IMPACT TEST

The operational impact test addresses if your business was more than nominally impacted by a government order during the qualifying period. While CPAs and other tax professionals are more familiar with qualifying a business under the financial impact test, we have found that a large number of businesses have been told they do not qualify when they actually do under the operational impact test. Most businesses will at least qualify in Q2 of 2020, so we encourage you to speak with a tax attorney to determine if you qualify for the Employee Retention Tax Credit. 

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ERC TAX LAW FIRM HELPING BUSINESSES FILE LEGITIMATE CLAIMS

WHO SHOULD FILE MY CREDIT?

We encourage you to seek professional assistance from a qualified ERC tax law firm when claiming the credit. Because the credit test is largely based on the facts surrounding your business and the application of the law, many CPAs or payroll companies are not adequately prepared to assist you to receive the maximum credit.

WE PROVE WHY YOU QUALIFY

While providing a written opinion letter of why you qualify is not an entirely necessary step to claim the credit, our memos are designed to protect our clients in the event of an IRS audit and to memorialize a client’s facts and circumstances for the future.

WE WORK WITH THE IRS FOR YOU

You will want to make sure that you or your representatives communicate frequently with the IRS while your amended payroll tax returns are being processed. Delays are common with the IRS, so frequent communication with them will help facilitate the credit process and ensure that you receive your refund in a timely manner.

The Employee Retention Tax Credit is a refundable payroll tax credit that was created by the CARES Act and provided an incentive during the pandemic for employers to keep their employees on payroll.

The credit is not like the Paycheck Protection Program, which were forgivable loans. Rather the government provided relief in the form of a refundable credit on payroll taxes due to the IRS. The credit is essentially
an offset against the cost of keeping employees on payroll during the course of the pandemic and comes to employers as a refund of Social Security and Medicare contributions that employers would be otherwise obligated to pay.

Unlike other programs, Congress did not elect to wrap up the Employee Retention Tax Credit and the program is still active. Therefore, an employer may seek reimbursement up to a certain amount for payments on payroll tax returns for tax years 2020 and 2021. This program will phase out gradually as the statute of limitations for amending payroll tax returns passes starting in 2023.

While this may seem too good to be true, these credits are widely available to businesses who were impacted by the pandemic. However, because the application of the ERC can be somewhat technical, there are many misconceptions that lead business owners to believe that they do not qualify when they actually do. Contact our team for an assessment as to whether your business qualifies for this credit.
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FREQUENTLY ASKED QUESTIONS ABOUT ERC ELIGIBILITY

01

I already filed my payroll tax returns. Can I still claim the credit?

Yes. The credit is calculated and then claimed on an amendment to your 2020 and 2021 payroll tax returns (Form 941, Form 941-X).

02

I took a PPP loan. Do I still qualify for the Employee Retention Tax Credit?

Yes. If the PPP loan was forgiven, it could impact your business' eligibility; however, our ERC law team can work with you to verify your claim.

03

I am considered an essential business. Do I still qualify?

Probably yes. An employer that operates an essential business may still qualify for the credit if, under the facts and circumstances, more than a nominal portion of its business operations were suspended by a governmental order.

Visit Our ERC Resource Page

WHY DO I NEED A TAX ATTORNEY?

Our ERC tax law firm can ensure you file correctly

A FIRM YOU CAN TRUST

Many business owners don't even know who filed their ERC claims if they were misled by aggressive marketing and chose to work with a pop-up ERC company. With Brotman Law, you know exactly who is filing your claim and can trust it will be done correctly.

EXPERIENCED

Dealing with the IRS can be intimidating, but Brotman Law brings strategic insight to the process. We have a team of lawyers that are all experienced in filing Employee Retention Tax Credit claims for thousands of businesses with a variety of different backgrounds.

PERSONALIZED REPRESENTATION

With Brotman Law, you won't be dealing with a pencil pusher. We handle each Employee Retention Tax Credit filing that comes to us with the attention our clients deserve.

BOOK A FREE ASSESSMENT CALL

Set up a quick call with our firm's concierge to see if we'll be able to help you. The whole process will take 10 minutes or less. If your matter is urgent we will also help to expedite a meeting with Sam.

NEXT STEPS


After your intake call, you will meet with the Firm Owner and Director of Legal, Sam Brotman for your consultation. Any information that you can provide or any documents you would like Sam to review are always helpful, so we can ensure that you get as much value as possible.

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