Employee Retention Credit Audits Are Heating Up —Here’s How to Stay Safe

Employee Retention Credit Audits Are Heating Up —Here’s How to Stay Safe

December 08, 20251 min read

If you claimed the Employee Retention Credit (ERC) for 2021, the IRS wants to talk. They’ve issued new FAQs clarifying that refunds and credits filed after January 31, 2024, may be denied or clawed back under the One Big Beautiful Bill.

a calculator for taxes and tax season


What’s the ERC?

It’s a tax credit for businesses that kept employees on payroll during COVID disruptions. Many small businesses claimed it retroactively, but some did so because of aggressive marketing or unclear eligibility requirements.

What’s New?

• The IRS is limiting refunds for late-filed ERC claims

• They’re auditing high-risk filings

• Businesses may need to repay credits if they don’t meet the updated criteria

What You Can Do

• Review your ERC claim with a trusted advisor

• Gather documentation—payroll records, eligibility calculations, and correspondence

• Avoid promoters offering “guaranteed” refunds

If you didn’t claim the ERC, you’re in the clear. But if you did, now’s the time to double-check your paperwork.

Source: IRS ERC FAQs – IR-2025-106

Legal Disclosure:

CompliantHer™ program of (Relannford Enterprises LLC) is not a law firm. This document is intended for educational and informational purposes only and does not provide medical, legal, or financial advice. If you have questions about your specific situation, please consult a physician, attorney, or accountant licensed to practice in your state and/or country.


Affiliate Disclosure:

Some of the links in this course are affiliate links, which means that at no additional cost to you, CompliantHer™ (Relannford Enterprises LLC) may earn a commission if you decide to make a purchase after clicking through the link.

Sandra is your go-to Regulations Coach and the founder of CompliantHer™, a movement helping women entrepreneurs over 50 stay confidently compliant in their marketing and business practices. With a background in legal work and a passion for simplifying the complex, she’s on a mission to make compliance less scary and way more empowering. When she’s not breaking down FTC rules into plain English, Sandra’s indulging her love of true crime shows, scenic road trips, and a really good luxury hand soap.

Sandra Sea-Fisher

Sandra is your go-to Regulations Coach and the founder of CompliantHer™, a movement helping women entrepreneurs over 50 stay confidently compliant in their marketing and business practices. With a background in legal work and a passion for simplifying the complex, she’s on a mission to make compliance less scary and way more empowering. When she’s not breaking down FTC rules into plain English, Sandra’s indulging her love of true crime shows, scenic road trips, and a really good luxury hand soap.

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