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The Employee Retention Credit (ERC) was created to support businesses that kept employees on payroll during the COVID-19 pandemic. However, as many business owners file claims, the IRS has increased its scrutiny and is now denying ERC claims for a variety of reasons. If your ERC claim has been denied, it’s critical to understand your options—and we are here to help.

At LS Carlson Law, we assist businesses facing ERC claim denials by navigating the complex IRS appeals process and protecting your right to the credit. With tax attorneys experienced in handling IRS disputes, we can help turn a denial into a successful claim.

Understanding ERC Claim Denials

The IRS may deny your ERC claim for several reasons, including:

ERC denials can happen if your business does not meet the strict eligibility criteria. The IRS has clear guidelines about what qualifies a business for the credit. Many claims are rejected when the business didn't face a government-ordered shutdown or experience the necessary revenue decline.

Another common issue is incorrect claim preparation. Some businesses relied on third-party companies promoting ERC benefits without fully understanding the legal requirements. This often leads to incomplete or inaccurate filings, which the IRS is quick to deny.

Additionally, ERC claims must include adequate documentation to prove eligibility. If your submission lacked necessary records—such as proof of revenue decline or government shutdown orders—the IRS is likely to deny the claim.

What to Do If Your ERC Claim Is Denied

If the IRS denies your ERC claim, you still have options. You have the right to file an appeal, but timing is critical. The IRS denial letter will outline the process for filing an appeal. Our legal team can assist in preparing a compelling case, gathering additional documents, and addressing the specific reasons for the denial.

It's also important to have an experienced tax attorney guide you through the appeals process. At LS Carlson Law, our attorneys are well-versed in ERC regulations and IRS procedures. We review your denial letter, identify any mistakes or missing information in your original claim, and work on a detailed response to the IRS.

In some cases, denied claims can be corrected and resubmitted with proper documentation or additional information. If that's possible in your situation, our attorneys will walk you through every step to ensure your resubmission is as strong as possible.

Why Choose LS Carlson Law for Your ERC Denial?

At LS Carlson Law, we offer extensive experience in tax law and have successfully handled numerous ERC disputes. Our tax attorneys understand the nuances of IRS procedures and are equipped to represent your business at every stage of the appeals process.

We pride ourselves on providing tailored legal strategies for every client. Each ERC case is unique, and we work closely with our clients to build the most effective approach based on the specific circumstances of their denial.

When you choose LS Carlson Law, you’re getting full-service representation. From preparing your appeal to handling communications with the IRS, we take care of the entire process, allowing you to focus on managing your business.

Frequently Asked Questions

Your ERC claim may have been denied for several reasons, including failure to meet eligibility requirements, insufficient documentation, or errors in the claim preparation. Common reasons include not demonstrating a significant decline in revenue or not being affected by a government-ordered shutdown. It's important to understand the specific reasons listed in the IRS denial letter, which our team can help analyze.

Yes, you can appeal an ERC denial. The IRS provides a process for businesses to challenge denials. Our tax attorneys can guide you through the appeal process, including preparing the necessary documentation and formulating a strong case to present to the IRS.

The IRS denial letter should specify the timeframe within which you can file an appeal. Typically, there are strict deadlines, so it's important to act quickly. Consulting with a tax attorney as soon as you receive a denial is crucial to ensure you meet these deadlines.

Supporting documents for an appeal may include financial records proving a significant revenue decline, payroll records showing employee retention, and any documentation related to government-ordered shutdowns. Our legal team will review your case and ensure that all necessary documents are gathered and submitted properly to strengthen your appeal.

In some cases, a denied ERC claim can be resubmitted with corrections or additional information. If there was an error or missing documentation in the original filing, we can help you amend the claim and ensure that it meets IRS requirements.

Even if you used a third-party service to file your ERC claim, the business owner is ultimately responsible for ensuring the accuracy of the claim. If your claim was denied due to mistakes made by a third party, we can help you rectify the situation and potentially file an appeal or corrected claim.

The length of the ERC appeal process varies depending on the complexity of your case and the IRS’s current workload. Our attorneys will work diligently to expedite the process and keep you informed of any updates along the way.

Yes, receiving a denial does not necessarily mean you are permanently ineligible for the ERC. With the help of a qualified tax attorney, you may be able to appeal the decision or resubmit a corrected claim to demonstrate your eligibility.

At LS Carlson Law, we specialize in helping businesses navigate the complexities of ERC claims and IRS disputes. Our experienced tax attorneys will review your denial, identify any issues in your claim, and guide you through the appeal or resubmission process. We have a proven track record of successfully overturning ERC denials for our clients.

To get started, simply contact us for a consultation. Our team will review your IRS denial letter, discuss the specifics of your case, and provide you with a tailored strategy to appeal the denial or submit a corrected claim.

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Did Your ERC Application Get Denied?

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