Struggling with a Delayed ERC Claim? Discover How the Taxpayer Advocate Service Can Help

Facing delays with your Employee Retention Credit (ERC) claim can be both stressful and frustrating. You’re not alone—many businesses are waiting longer than expected for their much-needed tax refunds. The good news is that you have options for expediting the process, including seeking assistance from the Taxpayer Advocate Service or considering refund litigation.

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Why Choose Silver Tax Group?

Facing delays with your Employee Retention Credit (ERC) claim requires expertise, experience, and a clear strategy. Led by award-winning Attorney Chad Silver, our team has a deep understanding of ERC regulations and IRS processes, helping clients overcome hurdles and move their claims forward.

If you’re struggling with delays, Silver Tax Group can offer targeted support, including working with the Taxpayer Advocate Service or considering refund litigation to push your claim forward. With free consultations available, we’re here to ensure your ERC claim gets the attention it deserves.

Contact Silver Tax Group today for guidance from a team with proven experience.

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The Root Causes of ERC Delays

Facing delays with your Employee Retention Credit (ERC) claim can be both stressful and frustrating. Whether it’s dealing with an ERC audit or navigating processing delays, the IRS is currently overwhelmed by the sheer volume of ERC claims, leading to significant backlogs. Understanding the root causes of these delays can help set realistic expectations and guide you toward the next steps.

Here are some of the main reasons behind the ERC delays:

What Are Your Options?

If your ERC claim seems stuck in limbo, here are some practical steps you can take to move things forward:

Engage the Taxpayer Advocate Service

The Taxpayer Advocate Service (TAS) serves as an independent voice within the IRS to help resolve taxpayer issues. If your delayed ERC refund is causing financial hardship, TAS can provide a pathway to prioritizing your case. Their role as an intermediary can help expedite the resolution of your claim by advocating directly with the IRS on your behalf.

Consider Refund Litigation as a Last Resort

In some situations, refund litigation may be a necessary option. Before taking this step, conducting an ERC risk assessment can help identify potential weaknesses and ensure you are prepared. If the IRS remains unresponsive and your ERC claim involves a substantial amount, filing a lawsuit in federal court may prompt action. While litigation can seem extreme, it may be the push required to compel the IRS to address your claim. This approach is especially valid when all other avenues have been exhausted, and significant financial impact looms.

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ERC Claim Delays and TAS Help

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Why is my ERC claim delayed?

The primary reason for ERC claim delays is the overwhelming number of claims the IRS is receiving, which has resulted in a substantial processing backlog. Other factors include the complexity of verifying eligibility and limited IRS resources.

What can I do if my ERC claim is taking too long?

You can take several actions, such as engaging the Taxpayer Advocate Service (TAS) to escalate your case, or considering refund litigation if the delay has a significant financial impact.

• Government orders (if you qualified based on business suspension)
• Proof of significant revenue decline (if you qualified through gross receipts)
• Records showing ERC was not double-dipped with PPP or other relief programs
• Tax returns, PPP loan details, and other financial records

How can the Taxpayer Advocate Service help with my ERC delay?

TAS acts as an independent advocate within the IRS, helping taxpayers resolve issues when delays cause financial hardship. They can work to prioritize your claim and push for a quicker resolution.

Is litigation an option for my delayed ERC claim?

Yes, litigation can be a last resort if the IRS remains unresponsive. Filing a lawsuit in federal court can apply pressure on the IRS to act, especially if your ERC claim involves a substantial financial amount.

When should I consult a tax professional about my ERC claim?

If navigating the IRS process feels overwhelming or previous efforts have been unsuccessful, a tax professional can provide guidance, assist with documentation, and represent you in communications with the IRS, offering a better chance at resolving the delay.