We Help Address Audits & Appeals
An IRS audit or partial denial of your ERC claim can be overwhelming. One moment you think everything is in order; the next, you receive a notice that your credit is under review or disallowed, bringing complex questions and tight deadlines. You don’t have to face this alone. Our firm provides experienced guidance through every step of an ERC audit and any appeals. We help you understand what’s happening and take action to protect your business.
Personalized Support During an ERC Audit
When the IRS audits your ERC claim, they examine whether you truly qualified and whether the credit amount was calculated correctly. We act as your representative to manage the audit from start to finish. First, we review the IRS audit notice and explain what the IRS is looking for. Then we prepare a thorough response. Our audit support includes:
​
-
Document Gathering: Collecting all relevant records (payroll reports, Forms 941/941-X, financial statements, government orders) to support your ERC eligibility.
-
Response Preparation: Crafting clear, factual explanations and calculations to address each of the IRS’s concerns.
-
Expert Representation: Communicating with the IRS auditor on your behalf. You have the right to an authorized representative in dealings with the IRS​, and we ensure the audit stays fair and on track.
​
By having seasoned tax attorneys handle your ERC audit, you level the playing field. We know how to speak the IRS’s language and present your case in the best light. Our goal is to resolve the audit with no reduction to your ERC if you properly qualified for the credit, while minimizing disruption to your business.
Comprehensive Documentation and Case Strategy
Successfully contesting an ERC denial requires a strong case backed by solid evidence. Our legal team helps you gather and prepare all the necessary documentation to prove your ERC claim was valid. This includes payroll records, financial statements, proof of a significant decline in gross receipts, or government orders that led to a COVID-19 shutdown – whatever is needed to establish your eligibility. We then craft a detailed protest letter as part of your appeal, laying out the facts, citing relevant tax law and IRS guidance, and presenting a compelling argument for why your ERC should be allowed. In short, we address each point the IRS raised and demonstrate that your business followed the rules and earned this credit.
Navigating Appeals After a Denial
Sometimes an IRS audit results in part or all of your ERC claim being denied. If you receive an examination report or letter with a partial denial, don’t be discouraged. This is one step in the process, and you have the right to appeal. Our team will pinpoint which parts of your claim the IRS disputed and why. Then we develop a plan to challenge those findings. We prepare a formal protest letter to contest the denial, explaining why the IRS’s decision is incorrect (supported by documentation and legal precedent). Next, we represent you before the IRS Independent Office of Appeals, arguing to restore the ERC that was wrongly denied. For example, if the IRS claims you weren’t eligible for Q3 2021 due to insufficient revenue decline, we’ll present financial records to prove your revenue drop met the threshold (or highlight other qualifying factors). In many cases, a well-prepared appeal can overturn the initial decision or at least improve the outcome significantly.
Protecting Your Business and Your Rights
Throughout an audit or appeal, our priority is safeguarding your rights and your company’s finances. You have fundamental rights as a taxpayer – to be informed, to confidentiality, to representation – and we insist the IRS respect those at every step. Most importantly, we make sure you can exercise your right to challenge the IRS and be heard, with our attorneys by your side at every stage. By entrusting us with your ERC audit and appeal, you are not just reacting to the IRS – you are proactively defending your credit and keeping your business protected.
If you’ve received an ERC audit notice or denial letter, time is critical. Our team is ready to help you prepare your response and safeguard your ERC. Schedule a Call to Prepare Your Audit Response