Overview

Chamberlain Hrdlicka’s Employee Retention Tax Credit (ERC/ERTC) Practice has been at the forefront of ERC-related matters since the credit’s enactment during the COVID-19 pandemic. Our team includes former senior IRS leadership, including a former Commissioner and a former Counselor to the Commissioner, who were serving at the agency when the ERC was introduced. Alongside these leaders, our attorneys have extensive experience representing clients who have claimed the credit or provided services related to ERC compliance and implementation.

Chamberlain advises a broad range of stakeholders on ERC matters, including companies, boards of directors, accounting firms, professional employer organizations (PEOs), ERC service providers, and others navigating the complexities of the credit.

Our team has represented clients across a wide spectrum of ERC-related issues, including:

• IRS audits of ERC eligibility and calculations
• Resolution of delayed or “stuck” refund claims (commonly filed on Forms 941-X)
• Appeals of IRS denials of ERC refund claims (including Letter 105C responses)
• Litigation involving delayed refund claims
• Litigation challenging IRS denials of ERC claims
• Coordination and dispute resolution involving PEO-filed claims
• IRS efforts to recapture or claw back previously issued ERC refunds
• Advising accounting firms throughout the ERC process
• Financial statement audit considerations, including reserve analyses related to ERC claims
• Recovery of unpaid fees for ERC service providers
• IRS promoter audits involving ERC service providers
• Representation in criminal investigations related to ERC matters

In addition to our client work, our team has been widely recognized as thought leaders in the ERC space. Our attorneys have been cited in leading industry regional and national outlets and publications, such as Forbes, Bloomberg Tax, Bloomberg Law, Tax Notes, Tax Executive, Family Office Magazine, and others, where they've provided commentary, developed, and delivered educational programming for audiences at the private, regional, and national levels. Our team is also actively engaged in ongoing legislative and policy advocacy efforts related to the ERC.

For organizations seeking guidance on ERC eligibility, compliance, or defense, Chamberlain Hrdlicka offers experienced, attentive counsel capable of delivering timely, strategic representation.

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