IRS changes on ERC: Why don’t all Businesses Qualify for the credit? Learn more !

Tips On Properly Claiming the ERC in September 2023

  • By Karl Sussan, LLM, esq JD Law
    • May 04, 2023
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Update: The IRS has temporarily halted the processing of new ERC claims due to high levels of fraudulent claims, leading to a more extensive auditing process. This has prompted the IRS to take stricter measures to prevent scammers from promoting fraudulent claims.

However, existing claims are still being processed, albeit at a slower pace. The IRS is closely reviewing all received claims and developing initiatives to help businesses affected by aggressive promoters. We feel this extra level of review is a good move and will protect business owners from unethical ERC firms. Our team is here to support any businesses through this support, don’t hesitate to reach out to us.

What is the Employee Retention Tax Credit?

COVID-19 economic relief legislation passed the Employee Retention Credit to encourage businesses to keep their employees employed. It is a fully refundable tax credit that is first used to offset a company’s payroll tax liability. 


Deadline to Claim 2020 ERC is April 15, 2024

Deadline to Claim 2021 ERC is April 15, 2025

How long does it take to get your refund check from the IRS?

According to the IRS, it takes about 20 weeks from when the IRS receives your claim. The processing of some claims may be completed earlier, whereas large claims may take up to 4-8 weeks to process.

What are ERC Pop-Up Companies? 

ERC pop-ups are third-party vendors who started in the last couple of years when the ERC came up. They have been caught by the IRS offering: fraudulent ERC claims, overpromising larger credit amounts, ignoring ERC guidance and rules, and asking for upfront fees

Amounts to be properly claimed according to the IRS from the ERC Tax Credit are: 

  • Up to $5,000 per employee for all eligible 2020 quarters 
  • Up to $7,000 credit per employee for all eligible 2021 quarters
  • Maximum of $21,000 in 2021 

Leyton shares the concern of the IRS when it comes to seeing a multitude of ERC firms emerging who mislead people to believe they are eligible. Use our calculator to discover your potential benefit in less than 1 minute.   

As a company interested in pursuing the Employee Retention Credit, you should be asking these questions to your provider: 

  • Have you successfully defended a client in front of the IRS? 
  • Do you have Tax attorneys on staff who are knowledgeable in understanding the rules and requirements of ERC Tax Credit
  • Do you have a Quality Control process? 
  • Do you have an established track record before Employee Retention Credit
  • Will the business still be here in 3 years’ time to help in the event of an audit?

Why Trust Leyton’s Tax Professionals 

We are proud to say our experts have identified $360M in benefit! But, more importantly, our tax experts are experienced in representing clients before the IRS in audit defense. Unlike other companies, Leyton has a rigorous selection process, our experts disqualified approx + 1,300 companies and has qualified approx + 2,100 in order to demonstrate that we do not just allow things to pass.

Many of those companies successfully claimed the ERTC and others, we determined did not qualify. If you do not qualify after review from our Tax and Technical Experts, there is no charge to you!

Leyton USA not only offers services to claim the Employee Retention Credit, we also have a line of other services including: R&D Tax Credit, Payroll Tax Credit, State and Local Tax, and Energy Efficiency Incentives

Leyton is an international consulting firm that helps businesses leverage financial incentives to accelerate their growth and achieve long-lasting performance.

Many of these businesses have come up to assist companies in claiming this new government tax credit, but many do not have the extensive background and expertise that larger financial service companies may have. However, our team of tax experts understand the rules, regulations and qualifications of the Employee Retention Credit. All documentation goes through 2 rounds of Quality Control and we’re here to support you in the event of an audit.  

With over 25 years of global experience, our team of tax experts are here to support you every step of the way. For more details on claiming the ERC, check out our article: Filing for the Employee Retention Credit  

ERC Client Highlight

One of our clients, Qwik Response, had their credit challenged by the IRS and we were able to authenticate it to ensure they received their full benefit.  

Our client was told that they were not receiving their refund and they didn’t qualify. With the expert guidance of Leyton’s tax attorney, Karl Sussan, they were able to properly navigate claiming the ERC Tax Credit with the IRS. 

The IRS did not process our application on time, and we had to call them to follow up with them. Leyton offered to help us find out why this happened. The Leyton representative was responsive and willing to help get to the bottom of things with the IRS.

Marisol Villalon Qwik Response


Karl Sussan, LLM, esq JD Law

Tax Attorney

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