Employee Retention Credit (ERC): Eligibility, Claims, and IRS Compliance Review

Categories: Federal Tax, IRS CE
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About Course

This course addresses the Employee Retention Credit (ERC) as it now stands in practice: not as an open filing opportunity, but as a closed-window credit whose remaining significance lies in eligibility review of claims already filed, IRS examination and appeals, documentation and substantiation, and repayment and compliance risk. The course gives particular attention to the One, Big, Beautiful Bill Act (OBBBA, Pub. L. 119-21, enacted July 4, 2025), which amended IRC Section 3134 to bar most late-filed third and fourth quarter 2021 claims, extended the assessment statute of limitations to six years, and created new penalties for ERC promoters who fail to meet due diligence standards. Participants will examine the original eligibility framework for 2020 and 2021 ERC claims, the mechanics of filing and documenting a claim through Form 941-X, the now-closed Voluntary Disclosure Program, the OBBBA 2025 compliance overhaul and its specific statutory provisions, and the practical realities of examination, appeals, repayment, and practitioner due diligence risk going forward.

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What Will You Learn?

  • Apply the original ERC eligibility tests for 2020 and 2021, including the gross receipts test, the government orders test, and recovery startup business status
  • Identify the documentation and substantiation standards applicable to a previously filed ERC claim
  • Apply the OBBBA 2025 claim bar under Section 70605(d) and the extended six-year assessment period under amended IRC Section 3134(l)
  • Identify the COVID-ERTC promoter due diligence penalty and practitioner exposure under Section 70605(a)
  • Identify the IRS examination and appeals process applicable to a disallowed or under-review ERC claim
  • Apply the repayment and income tax adjustment consequences of an improperly claimed ERC

Course Content

Module 1 – ERC Eligibility Fundamentals
The original CARES Act and ARPA eligibility framework; the gross receipts decline test; the full or partial suspension of operations test; recovery startup business eligibility; the distinction between 2020, Q1/Q2 2021, and Q3/Q4 2021 rules.

  • ERC Eligibility Fundamentals

Module 2 – Claims, Documentation, and the Closed Disclosure Landscape
Filing and amending claims via Form 941-X; substantiation standards for eligibility and wage calculations; the now-closed Voluntary Disclosure Program; historical promoter risk factors.

Module 3 – The OBBBA 2025 Compliance Overhaul
Section 70605 of Public Law 119-21; the claim bar for late-filed Q3/Q4 2021 claims; the six-year assessment extension under amended Section 3134(l); COVID-ERTC promoter due diligence penalties; the amendment to Section 6676.

Module 4 – Examination, Appeals, Repayment, and Practitioner Risk
The IRS examination and disallowance process; appeals rights under Section 70605(d); repayment mechanics and income tax adjustment for improperly claimed wages; ongoing practitioner due diligence exposure.

Final Assessment – Employee Retention Credit (ERC): Eligibility, Claims, and IRS Compliance Review
Complete the following final examination. A passing score of 70% (7 out of 10) is required to receive CE credit.

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