What changed
Congress narrowed the ERC window and the IRS published new FAQs clarifying limits on late claims—especially for Q3–Q4 2021 claims filed after Jan. 31, 2024 (these can’t be allowed or refunded under the new law). The FAQs also explain timing, what “timely filed” means, and appeal options if your ERC is disallowed. IRS+1
What this means for you
- If your ERC for late 2021 was filed after 1/31/2024, it’s generally ineligible for payment/refund—even if you otherwise qualified. IRS
- Expect more scrutiny and documentation requests. FAQs outline how disallowances work and what rights you have to respond or appeal. IRS
Action plan (simple)
- Pull your file by quarter (2019–2021): gross-receipts tests, specific government-order analysis, payroll tie-outs.
- Triage: defend (strong file), correct (math/technical fixes), or withdraw if eligibility is weak.
- Prepare an audit bundle now—don’t wait for a notice (payroll journals, PPP interaction schedules, advisor memos).
- Document your position in a dated memo summarizing facts and law (helps with penalties/reasonable cause).
FAQ
- Can I still get paid on a late 2021 claim? Not if it was filed after 1/31/2024; see the IRS ERC FAQs. IRS
- Do I have appeal rights? Yes; the FAQs describe your options. IRS
How Black Inc can help
- ERC file triage: We’ll tell you if your claim is defendable, risky, or should be withdrawn.
- Audit-ready binders: We organize your proof (receipts tests, shutdown narrative, payroll detail) so you’re not scrambling when a notice shows up.
- Repayment/cleanup strategy: If you already got ERC money but now feel exposed, we’ll walk you through next steps so you’re not guessing.
- Representation: We talk to the IRS/state for you, not the other way around.
This is general information, not legal/tax advice.