Avoiding Fraud With Employee Retention Credit Claims

The Employee Retention Credit (ERC) emerged as a beacon of hope for businesses struggling amidst the economic downturn brought about by the COVID-19 pandemic. As with many government incentives, the potential for fraudulent claims and abuse looms large. While some businesses may be tempted to inflate numbers or provide false data to receive greater credits, the long-term repercussions far outweigh any short-term benefits. This article offers guidance on avoiding fraudulent claims and ensuring genuine and compliant ERC applications.

Understanding the Employee Retention Credit

The ERC is a refundable tax credit meant to incentivize businesses to keep employees on their payroll during challenging economic times. Understanding the specifics—such as eligibility criteria, the calculation method, and the claim process—plays a pivotal role in ensuring legitimate claims.

Common Types of ERC Fraud

Several tactics might be employed to manipulate the ERC claim:

  • Inflating Wages: Fraudulently increasing the wages to gain a higher credit.
  • Fake Employees: Adding non-existent employees to payroll records.
  • Double-Dipping: Using the same wages for both ERC and other relief programs like PPP without proper adjustments.
  • Misrepresenting Business Disruption: Claiming complete or partial business disruption due to COVID-19 when it didn’t occur.

Awareness of these potential pitfalls is the first step in avoiding them.

Robust Documentation

One of the best defenses against fraudulent claims is maintaining robust and accurate documentation:

  • Payroll Records: Keep meticulous payroll records that can be audited at any time.
  • Proof of Operation Disruption: If claiming based on a disruption due to governmental orders, ensure you have documentation that verifies this.
  • Revenue Documentation: If claiming due to a significant decline in revenue, proper financial statements are a must.

Internal Audits and Checks

Regular internal audits can catch discrepancies before they become fraudulent claims:

  • Reconciliation: Regularly reconcile your payroll numbers with bank statements and employee records.
  • Random Checks: Periodically perform random checks on payroll figures, especially if multiple individuals manage payroll.

Training and Education

Ensure that the staff members handling ERC claims understand the nuances:

  • Regular Workshops: Conduct workshops to educate your team about the ERC.
  • External Training: Consider hiring experts to provide external training on ERC compliance.

Seek Expert Advice

Engaging with tax professionals or consultants who specialize in government relief programs can guide businesses in making accurate claims:

  • Regular Consultation: Instead of just consulting at the year’s end, have regular check-ins with your tax professional.
  • Stay Updated: Tax professionals can keep businesses informed about any changes in ERC guidelines, ensuring continued compliance.

Transparent Communication

Open lines of communication both within the organization and externally can deter fraudulent claims:

  • Internal Whistleblower Policies: Implement policies that encourage employees to report any suspicious activities without fear of retaliation.
  • External Communication: Clarify any doubts or concerns directly with the relevant government departments or through your tax professional.

Understand the Repercussions

Businesses must comprehend the severe consequences of fraudulent claims:

  • Financial Penalties: Businesses caught making fraudulent ERC claims could face hefty fines.
  • Legal Repercussions: Beyond monetary penalties, there could be legal consequences, including potential jail time for egregious fraud.
  • Reputational Damage: The negative publicity from fraudulent activities can severely damage a business’s reputation, leading to a loss of trust and potential clients.

Use Technology to Your Advantage

Modern payroll and accounting software come equipped with features that can detect inconsistencies:

  • Automated Checks: Set up your software to flag any unusual spikes in wages or numbers that don’t reconcile.
  • Audit Trails: Use software that provides an audit trail, which tracks every change made to financial data, ensuring accountability.


While the allure of maximizing government credits during challenging economic times can be strong, the potential damages—both in terms of finances and reputation—of fraudulent claims are far more severe. By implementing strict documentation practices, performing regular audits, seeking expert advice, and fostering an organizational culture of transparency and integrity, businesses can ensure that their Employee Retention Credit claims are both legitimate and compliant.

FAQ on Avoiding Fraud with Employee Retention Credit Claims

Q1. What is the Employee Retention Credit (ERC)?
A1. The ERC is a refundable tax credit designed to help businesses retain employees by providing a credit on eligible wages paid, especially during periods of significant economic downturn, like the COVID-19 pandemic.

Q2. Can I claim the ERC if I have already claimed a Paycheck Protection Program (PPP) loan?
A2. Yes, businesses can benefit from both the PPP and ERC. However, you cannot “double-dip” by using the same wages to obtain PPP loan forgiveness and also claim the ERC.

Q3. What are the consequences of fraudulent ERC claims?
A3. Fraudulent ERC claims can result in hefty financial penalties, legal actions, potential imprisonment, and significant reputational damage for the business.

Q4. How can I ensure my business’s ERC claim is legitimate?
A4. Maintain thorough documentation, perform regular internal audits, seek expert advice, and utilize technology to track and verify claims.

Q5. What documentation should be kept for the ERC?
A5. Essential documents include detailed payroll records, evidence of operation disruption (if claiming based on this), and financial statements demonstrating revenue declines.

Q6. Can I retroactively adjust my ERC claim if I find discrepancies?
A6. Yes, if you find discrepancies in previously filed claims, it is vital to amend the relevant employment tax returns to rectify the mistakes and avoid potential penalties.

Resources on Avoiding Fraud with ERC Claims

  1. Internal Revenue Service (IRS) Official Guidance:
    The IRS provides comprehensive details on ERC, with guidelines on ensuring accurate claims.
    IRS ERC Overview
  2. Association of Certified Fraud Examiners (ACFE):
    Offers resources on fraud prevention, which can be applied to ERC claims.
    ACFE Resources
  3. U.S. Small Business Administration (SBA):
    The SBA offers various resources on ERC, PPP, and other relief measures, ensuring businesses are well-informed.
    SBA COVID-19 Relief Options
  4. Accounting and Tax Professional Associations:
    Organizations like the AICPA offer guidelines, webinars, and workshops on ERC and fraud prevention. It’s wise to engage with such entities to ensure compliance.
  5. Modern Payroll and Accounting Software:
    Solutions like QuickBooks, ADP, and Sage have features to help businesses maintain accurate financial data, reducing the risk of inadvertent discrepancies.

By tapping into these resources and frequently revisiting FAQs, businesses can confidently navigate the complexities of ERC claims while ensuring compliance and integrity.


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