Preparing for Employee Retention Credit Audits: Withdrawing a Claim, Handling the Exam, Credit Mills
Recording of a 110-minute CPE webinar with Q&A
This webinar will provide insights into preparing for the IRS' ongoing examinations of Employee Retention Credits (ERCs) claimed by businesses. Highly advertised and often promoted to ineligible taxpayers, these credits were spotlighted on the IRS 2023 Dirty Dozen list of tax scams. Unfortunately, the bad players have heightened the risk of an audit for even legitimate ERC claims. Our panel of former IRS attorneys will prepare business owners and tax advisers for these audits.
Outline
- Overview of ERC
- Statute and IRS guidance
- Risks associated with less-than-reputable credit mills
- IRS audits and enforcement actions related to ERC
- IRS public statements on ERC audits
- Usual steps in IRS ERC audits
- Withdrawing prior ERC claims
- Practical tips for preparing for and handling an ERC audit
Benefits
The panel will cover these and other critical issues:
- Understanding ERC eligibility
- Practical advice for handling an IRS audit related to the ERC
- Useful tips to prepare clients for ERC audits
- Separating legitimate and illegitimate ERC claims
Faculty
David J. Warner
Tax Attorney, Shareholder & Managing Principal
Holtz, Slavett & Drabkin
Mr. Warner is a Tax Attorney and the Managing Attorney of the Orange County Office of Holtz, Slavett &... | Read More
Mr. Warner is a Tax Attorney and the Managing Attorney of the Orange County Office of Holtz, Slavett & Drabkin. He has over 10 years of experience practicing in all aspects of tax controversy including tax audits, collection defense, and litigation in the U.S. Tax Court, U.S. District Court, and the Court of Federal Claims. He represents taxpayers in cases involving income tax, estate tax, gift tax, employment tax, collection issues, innocent spouse, penalties, and bankruptcy tax issues. He also represents taxpayers before the California Franchise Tax Board (FTB), Department of Fee and Tax Administration (CDTFA, formerly State Board of Equalization (BOE)), and Employment Development Department (EDD). He has particular expertise in tax matters involving individuals and small businesses, the examination of partnerships and S corporations, and offshore tax compliance issues, including the Report of Foreign Bank and Financial Accounts (FBAR), civil fraud, and offshore information return penalties.
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Michele F.L. Weiss
Principal
Holtz, Slavett & Drabkin
Ms. Weiss has over 20 years of experience in tax controversy and litigation matters. She helps her clients resolve... | Read More
Ms. Weiss has over 20 years of experience in tax controversy and litigation matters. She helps her clients resolve their civil and criminal tax matters. Ms. Weiss represents her clients in all aspects of tax controversy, in examinations, appeals and collection matters, at the administrative level and in litigation with federal, state and local tax authorities including the IRS, FTB, California Department of Tax and Fee Administration (CDTFA), EDD, Board of Equalization, Office of Tax Appeals (OTA), the County Assessor and LA City Finance Office. She has expertise in many substantive and procedural tax issues including tax penalty abatement, conservation easement deductions, offshore disclosure matters, employment tax matters, sales tax audits, research and development credits, collection due process and non-profit matters. Ms. Weiss handles property tax matters in all California counties including special assessments, escape assessments, change in ownership issues and property tax appeal representation.
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