November 21, 2023 | less than a minute read

ERC Claims Can Still be Submitted During the Moratorium

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Barclay Taylor

Of Counsel

Get in touch

Barclay Taylor

Of Counsel

The Employee Retention Credit ("ERC") was a critical lifeline for many businesses during the Covid-19 pandemic. After the IRS's September 14, 2023, announcement that it would stop processing claims through the end of 2023, some businesses are unsure what the future holds. Most tax professionals are encouraging businesses with legitimate claims to go ahead and file despite the moratorium.

“Congress afforded the IRS ample authority to operate and implement the ERC program — that includes through rulemaking and guidance — but statutory law does not include authority for the IRS to simply refuse to do its job and shut down the program,” Stenson told Tax Notes.