ERC APPEALS
While the Employee Retention Tax Credit is a new credit, we are not new to IRS appeals. Our compliance and controversy background, combined with our experience filing hundreds of ERC applications, makes us well informed on the laws and qualifications that go into the credit, and how to appeal IRS decisions.
SAVE YOU MONEY
We save you money in the current tax year and create savings that will undoubtedly send a ripple through the coming years. In the long run, thousands of dollars will grow to hundreds of thousands, then millions in savings.
GREATER WEALTH
We help you keep more money in your pockets for investing, saving, or anything else that contributes to a good life. Our attorneys strive to reduce your lifetime tax liability by implementing different legal tax optimization strategies.
PEACE OF MIND
We work with you to ensure every item is correctly captured on your tax returns allowing you to enjoy greater peace of mind.
Overview
Here at Brotman Law, we understand how significant the credit was for businesses that were impacted by the pandemic. If the IRS is refusing your claim or is only giving you a partial amount, there are multiple ways we can appeal their decision.
Even if you’re audited, even if the auditor doesn’t agree with you, even if your appeal rights lapse or the notice that you received doesn’t communicate your appeal rights effectively, you have many different options within the IRS system to get the full benefit of your Employee Retention Tax Credit.
Depending on which avenue is best for you, you can go through the IRS appeals process, the judicial process, or another direction entirely. We’ll be sure to evaluate your claim and ensure that whichever direction we chose together will be the best for you.
Bad ERC Audit Results
What Else Should I Know?
When it comes to ERC, our team goes above and beyond to ensure your eligibility for the credit. We meticulously analyze government orders specific to your county, detailing how they directly affected your business quarter-by-quarter. We compile our findings into a legal memo, signed by one of our attorneys to affirm its credibility. This substantiation plays a huge role in defending your claim for the credit.
Most ERC preparers skip this step, leaving businesses defenseless in an audit. If your business did not have an obvious decline in revenue, qualifying based on governmental impact is your only avenue. Without the proper documentation, IRS auditors will disallow your claim, and this will put you at risk of having to pay back the credit, plus penalties and interest.
As a tax law firm, we are subject matter experts in IRS procedure, with deep insights into how to navigate the system and guiding you towards the most effective appeals strategy. Unlike many CPAs or ERC processors who lack experience in IRS audits and appeals, our extensive background in IRS audits, collections, and appeals uniquely equips us to handle your ERC appeals with confidence and expertise.
Understanding the complexities of the ERC, including eligibility criteria, is crucial. As tax attorneys, we excel in interpreting and leveraging tax laws to your advantage—expertise that sets us apart from CPAs or ERC processors who may not possess the same legal training.
The IRS Office of Appeals serves as a critical mediator, offering a chance to resolve cases before they escalate to litigation. Staffed by seasoned officers, often with backgrounds in IRS collections or examinations, these professionals bring substantial expertise to the table. With our firm’s extensive experience in navigating IRS collections and examinations, we possess a profound understanding of how to effectively collaborate with appeal officers to advocate for your case.
Entering the judicial process means entering tax court. This transition involves facing not only a judge and navigating formal court procedures, but also engaging with IRS counsel assigned to adjudicate your claim. Unlike the administrative side of the IRS, where proceedings are typically less adversarial, tax court involves attorneys who vigorously advocate their positions, often regardless of the facts. It’s crucial to have your own attorney to effectively counter the IRS’ legal representation and ensure your case is competently defended.<?span>
WE KNOW OUR STUFF
While most ERC processors lack tax expertise and understanding of IRS negotiations, our team stands apart. We have spent the entirety of our years in business dealing with the IRS, helping clients negotiate payment plans, guiding clients through audits, and appealing audit decisions. Our team understands ERC and the IRS, giving us a clear advantage when it comes to ERC appeals.
RISK
If the IRS audited your business and determined you did not qualify for ERC, you may owe back the credit, plus penalties and interest. If you believe your eligibility was justified, our team will diligently compile the substantiation needed to support your claim. In cases where eligibility is not clear-cut, we advocate on your behalf to minimize penalties through skilled negotiation with the IRS. Rest assured, we’re committed to clarifying your options and providing expert guidance every step of the way.
PERSONAL ATTENTION
Every ERC client we assist receives a tailored legal memo detailing their qualification for the credit. These memos are meticulously crafted to include only the relevant governmental orders that directly affected your business. When we proceed to appeals, rest assured that our strategy and substantiation are meticulously designed specifically for your business’ unique circumstances.
Our Clients Will Tell You: We Get Results.
Hundreds of $1,000,000s
Saved in Tax Penalties
100+
Appeal Victories
$1B+
Saved in Taxes
150+
Multimillion and billion-dollar corporate transactions
11+
Tax Services
400+
Clients represented in an audit
$160M+
in ERC Tax Credits
Our Thought Leadership Has Appeared In
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Book a Free 15-Minute 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 15 minutes or less.
STILL HAVE QUESTIONS?
If your business is found ineligible for the credit during an audit, repayment of the credit will be required. Our team is adept at negotiating to mitigate penalties and fees, thereby minimizing the financial impact on your business.
Yes, there are a few ways we can try to mitigate penalties. During appeals, we will present an argument as to why penalties should be reduced or removed.
Upon review, your ERC claim may be approved in full, partially approved, or entirely disallowed. In the event of a disallowance, potential penalties may arise; however, these penalties can be subject to negotiation for reduction.