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IRS Commissioner Says the Employee Retention Credit Program “Will Go Forward.”

What You Need to Know

  • Key takeaway #1

    Taxpayers with outstanding ERC claims will be pleased that the Commissioner has indicated that the IRS will restart its processing of ERC claims in the near future.

  • Key takeaway #2

    Taxpayers who may have received funds to which they were not entitled may be encouraged by the IRS’s willingness to accept repayment of the funds over time.

Client Alert | 1 min read | 11.16.23

This week, IRS Commissioner Daniel Werfel informed a crowd at a conference that the IRS was looking to reset its approach to ERC claims after implementing a moratorium on processing claims in September. Mr. Werfel communicated that the IRS is focused on changing the way it processes these claims and on communicating the eligibility criteria to taxpayers. He also indicated a willingness to work with employers who received the credit, but were not actually entitled to it, allowing taxpayers to pay back the funds to the IRS in a way that works for their businesses.

Takeaways

  • Taxpayers with outstanding ERC claims will be pleased that the Commissioner has indicated that the IRS will restart its processing of ERC claims in the near future.
  • Taxpayers who may have received funds to which they were not entitled may be encouraged by the IRS’s willingness to accept repayment of the funds over time.

Insights

Client Alert | 2 min read | 04.29.25

President Trump Issues Executive Order Deprioritizing Disparate Impact Theory of Discrimination

On April 23, 2025, President Trump signed an executive order, Restoring Equality of Opportunity and Meritocracy, declaring it the policy of the United States “to eliminate the use of disparate-impact liability in all contexts to the maximum degree possible to avoid violating the constitution, Federal civil rights laws, and basic American ideals.” The order reasons that “disparate impact liability all but requires individuals and businesses to consider race and engage in racial balancing to avoid potentially crippling legal liability.”...