The Ultimate Guide to Handling an ERC Audit in California

There's one reason you're on this website: you're looking for an elite criminal defense law firm, to handle your ERC audit in California. Well, you've come to the right place. Most law firms implement a cookie cutter strategy in order to fight your case, and save their own time. They don't look carefully at your situation – they simply want to move on to the next case. At Spodek Law Group, we leave no stones unturned. We do everything possible to win. Everything we do is focused on getting you results. We understand the difficulties and challenges of going through a case. If you're accused of a crime, schedule a consultation with our criminal attorneys today.

What is the Employee Retention Credit (ERC)?

But first, let's discuss what the ERC actually is. The Employee Retention Credit was a tax credit, introduced as part of the COVID-19 relief efforts. It was designed to encourage businesses, to keep employees on payroll - during the pandemic.Eligible employers could claim up to:

• $5,000 per employee for 2020
• $21,000 per employee for 2021

To qualify, businesses had to show:

• A full or partial suspension of operations, due to COVID-19 orders
• A significant decline in gross receipts, compared to 2019

Sounds simple enough, right? Well, not quite.

Why is the IRS Auditing the ERC?

The IRS has raised concerns, about improper ERC claims. They suspect some businesses took advantage of the program's complexity, to claim more credits than they deserved. As a result, the IRS is cracking down hard on ERC audits. They've even extended the statute of limitations, giving themselves 5 years to audit ERC claims (instead of the usual 3). So, if you claimed the ERC, you could be facing an IRS audit soon. And trust us, you don't want to go through that alone.Sometimes prosecutors will only be fair if you respond with force to them. Without an attorney advising you, you might accidentally plead guilty when you could've won the case. The only way to truly know is to hire a private criminal defense attorney.At Spodek Law Group – we pride ourselves on taking a hands-on approach. It means researching the exact situation surrounding your case, and putting in the leg work to be familiar with every single intimate detail. Our firm has excellent work ethics, and we constantly hold firm meetings in order to discuss and address all of our cases. In the event of an emergency – we have a full team of lawyers available to help you.

What to Expect During an ERC Audit

So, what do you do, if you get hit - with one of these things?First, the IRS will send you a letter, notifying you of the audit. This letter will outline the information they need from you, like:

• Payroll records
• Financial statements
• Documentation of COVID-19 impacts
• Calculations showing your ERC claim

You'll have a limited window to respond, usually around 30 days. Missing this deadline could result in penalties or having your claim denied entirely. Next, the IRS will likely request an in-person interview and site visit. We generally do not advise taxpayers to attend these meetings, but to send legal representation instead. Engage an experienced tax attorney to field inquiries on your behalf. They can provide a professional buffer between you and the IRS, and can defer responses if needed to formulate full, accurate answers. Relying on counsel also helps avoid inadvertent admissions, confusion, or misremembering details that could weaken your audit defense.

How to Prepare for an ERC Audit

Regardless of how tough your situation is – we are here to help you. Our criminal defense lawyers work hard to have a solution for you, irrespective of the situation you find yourself in. Many clients are often embarrassed by their situation, and don't speak openly about their alleged issue. We encourage open dialogue, and recommend full transparency – so we can give you the best possible legal advice. To prepare for an ERC audit, you'll need to gather extensive documentation proving your eligibility. This includes:

• Records showing compliance with COVID-19 orders
• Calculations of your decline in gross receipts
• Employee information and wages paid
• Health plan costs allocated to ERC wages
• Copies of any amended payroll tax returns

It's critical to organize these records logically and keep your own copies. Recognize that you may experience employee/vendor/system changes over the next several years, that could make it difficult to go back and reconstruct these records. Having solid evidence available now could save considerable time and headaches down the road. The IRS may deny requests for additional time to respond to inquiries. So, it is wise to thoroughly prepare ERC documentation in advance, rather than trying to construct a case mid-audit.

Why Hire Spodek Law Group?

Don't wait for an audit notice to review your ERC claim. Here are three good reasons to start now:

1. Voluntary Disclosure: If you haven't received an audit notice yet, the ERC Voluntary Disclosure Program remains an option until March 22, 2024. This program allows businesses that received but were not entitled to any ERC, to proactively come forward and repay 80% of the credit, without further penalty or fee. It's important to note that this applies only to unintentional errors, not willfully fraudulent claims.
2. Corrections: Double check eligibility criteria and credit calculations. If you're concerned, it may be a good idea to have a tax attorney proactively review your claim. Consider amending claims preemptively, even past the March 22 deadline, if substantial problems are found.
3. Record Keeping: It's critical to organize these records logically and keep your own copies. Recognize that you may experience employee/vendor/system changes over the next several years, that could make it difficult to go back and reconstruct these records. Having solid evidence available now could save considerable time and headaches down the road. The IRS may deny requests for additional time to respond to inquiries. So, it is wise to thoroughly prepare ERC documentation in advance, rather than trying to construct a case mid-audit.

If your business is selected for an ERC audit, expect an interview and site visit. We generally do not advise taxpayers to attend these meetings, but to send legal representation instead.Engage an experienced tax attorney to field inquiries on your behalf. They can provide a professional buffer between you and the IRS, and can defer responses if needed to formulate full, accurate answers. Relying on counsel also helps avoid inadvertent admissions, confusion, or misremembering details that could weaken your audit defense.

Why Choose Spodek Law Group for Your ERC Audit?

The Spodek Law Group handles cases nationwide. We have offices in NYC and Los Angeles.When you work with us, you can expect:

• A team that leaves no stones unturned in preparing for your audit
• Attorneys who are intimately familiar with every detail of your case
• A firm that holds regular meetings to discuss and strategize your case
• Lawyers who are available 24/7 in case of emergencies
• A hands-on approach that is focused on getting you results

We understand that facing an ERC audit can be embarrassing and stressful. That's why we encourage open dialogue and full transparency. The more we know, the better we can advise and represent you. If you're facing an ERC audit, remember that you don't have to go through it alone. The experienced lawyers at Spodek Law Group are here to guide you through the process, and fight for your interests.

The Role of an ERC Audit Lawyer

An ERC audit lawyer is your ally during this process. They can:

• Review your ERC claim and identify any potential issues
• Help you gather and organize necessary documentation
• Communicate with the IRS on your behalf
• Represent you during the audit
• Negotiate with the IRS if there are any disputes
• Appeal the audit results if necessary

Having a skilled lawyer on your side can not only ease your stress, but also increase your chances of a favorable outcome.When it comes to choosing an ERC audit lawyer, you want someone who is:

• Experienced in handling ERC audits
• Knowledgeable about tax law and the ERC
• Responsive and communicative
• Committed to protecting your interests

At Spodek Law Group, we pride ourselves on meeting all these criteria and more. Our team of experienced lawyers is dedicated to helping businesses navigate ERC audits with confidence.

What Sets Spodek Law Group Apart

Here's what sets us apart: Personalized Attention: We take the time to understand your unique situation, and tailor our approach accordingly. Comprehensive Service: We handle all aspects of your ERC audit, from preparation to representation. Aggressive Advocacy: We assertively protect your interests, and work tirelessly to achieve the best possible outcome. Clear Communication: We keep you informed at every step, and are always available to answer your questions. National Reach: With offices in NYC and Los Angeles, we serve clients nationwide.

The Spodek Law Group Difference

We're not your average, run-of-the-mill law firm. We're a team of legal heavyweights, with a reputation that precedes us.Our founding partner, Todd Spodek, is a seasoned trial attorney with a track record of success that's been featured in major media outlets like the New York Post, Newsweek, and Fox 5 New York. But it's not just about the accolades; it's about our unwavering commitment to our clients. When you work with us, you're not just getting a law firm; you're getting a partner, a trusted ally who will leave no stones unturned in pursuit of the best possible outcome. We're not afraid to roll up our sleeves and get our hands dirty, researching every intimate detail of your case and holding firm meetings to address every angle.

Don't Face an ERC Audit Alone

If you've claimed the Employee Retention Credit (ERC) and are now facing an audit, you might be feeling overwhelmed. But, take a deep breath. With the right legal guidance, you can navigate this process with confidence.An ERC audit is an examination by the IRS to verify the legitimacy of your ERC claim. The IRS wants to ensure that businesses have correctly calculated and claimed the credit.So, what triggers an ERC audit? It could be a random selection, or the IRS might have identified something in your claim that raised a red flag. Regardless of the reason, it's crucial to take the audit seriously and prepare thoroughly.When it comes to an ERC audit, preparation is key. Here are some steps you can take:

• Gather all relevant documents: This includes payroll records, financial statements, tax returns, and your ERC calculations. Having these documents organized and ready will make the audit process smoother.
• Review your ERC claim: Go over your ERC calculations to ensure they're accurate. If you identify any errors, it's better to address them proactively.
• Understand the audit process: Familiarize yourself with what to expect during the audit. This will help you feel more prepared and less anxious.
• Seek legal counsel: Working with an experienced ERC audit lawyer can make a significant difference. They can guide you through the process, help you prepare, and represent your interests.

At Spodek Law Group, we have extensive experience guiding businesses through complex tax matters, including ERC audits. Our team of seasoned attorneys will work tirelessly to protect your rights and interests throughout the process. Don't go it alone. Contact us today to schedule a consultation and learn how we can help you navigate your ERC audit with confidence. Call us today at 212-210-1851.