Employee Retention Tax Credit: Gray Areas and Red Flags

Tax attorneys Nicole Elliott, Daniel Strickland and Bibiana Cruz authored a Law360 article discussing the employee retention tax credit (ERC). The tax credit, which was adopted during the COVID-19 pandemic, can still be claimed for wages to eligible employees after March 12, 2020, and before Oct. 1, 2021. The IRS has provided guidance regarding the ERC, but the article claims its guidance leaves room for opportunistic bad actors to misuse the tax credit. Our attorneys examine both the gray areas and red flags that should be kept in mind when it comes to ERC claims.

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