Employee Retention Credit 2022 Scams: Uncovering Fraudulent Tactics

Employee retention credit (ERC) scams have increasingly become a cause for concern, as the Internal Revenue Service (IRS) has been warning employers to be cautious when claiming the ERC. In 2022, many businesses sought to take advantage of this potentially lucrative credit aimed at helping employers retain their workforce during the COVID-19 pandemic. Unfortunately, the surge in these claims has led to numerous fraudulent schemes circulating, causing employers to face compliance risks and potential consequences.

One common misstep that businesses have made when seeking the ERC involves relying on third-party services without verifying their legitimacy. These entities sometimes disregard taxpayers’ eligibility or provide improper calculations for claiming the credit, resulting in unsuspecting employers falling prey to scams. To combat such activities, the IRS has issued renewed warnings and guidelines, encouraging individuals and businesses to be vigilant when claiming the ERC.

Key Takeaways

  • The Employee Retention Credit is aimed at helping businesses during COVID-19, but scams have proliferated.
  • Employers should be cautious about third-party services claiming to help them claim the ERC.
  • Ensure eligibility, follow IRS guidelines, and report any suspected fraudulent activities to protect yourself from scams.

Overview of Employee Retention Credit

The Employee Retention Credit (ERC) is a tax credit established by the Internal Revenue Service (IRS) to support employers who faced financial challenges during the COVID-19 pandemic. The goal of the ERC is to encourage businesses to keep their employees on the payroll, even if they experienced a significant reduction in revenue.

Eligible employers can claim a refundable tax credit based on a percentage of the wages paid to their employees during the pandemic. This initiative has played a crucial role in keeping businesses afloat and curbing unemployment rates. However, it’s essential to understand that there are specific eligibility criteria that employers must meet to claim the credit.

The IRS has been closely monitoring ERC claims and has recently warned employers about potential scams associated with the credit. Some third parties have been advising businesses to claim the ERC even if they do not qualify by disregarding the eligibility requirements or proper calculation of the credit. It’s crucial for employers to be aware of such scams and review their eligibility thoroughly before applying for the ERC.

Businesses should pay special attention to warning signs, such as large upfront fees for claiming the credit, fees based on the ERC refund amount, or promoters urging businesses to apply without properly assessing their eligibility. The IRS has put forth efforts to educate businesses and tax professionals regarding the potential risks associated with improper ERC claims.

By understanding the eligibility criteria, avoiding potential scams, and following IRS guidelines, employers can take advantage of the ERC and support their workforce during these challenging times.

Common ERC Scams

Fraudulent Promoters

Fraudulent promoters often target businesses in need of financial assistance, posing as consultants or experts to help them claim the Employee Retention Credit (ERC). These promoters misrepresent the eligibility criteria for the ERC and encourage businesses to submit false claims or engage in illegal schemes. Businesses that follow these promoters’ advice end up facing severe tax consequences and financial risk. It’s essential to recognize these scams and work with reputable professionals to avoid any detrimental impact on your business.

Improperly Claiming ERC

Many businesses make common missteps when incorrectly claiming the ERC, resulting in penalties and repayment of credits. These errors stem from a lack of understanding or an attempt to exploit the system. Misrepresentation of employee wages, business closures, or eligible expenses is common in improperly claimed ERC cases. To avoid this issue, businesses should carefully review the IRS guidelines, work with qualified professionals, and ensure that they submit accurate information to qualify for the ERC.

Phishing Attempts

Phishing attempts are prevalent in ERC scams. Scammers pose as IRS representatives, sending emails to target businesses and individuals, attempting to collect their sensitive information, such as bank account details and Social Security numbers. These phishing scams may result in identity theft or unauthorized access to financial accounts.

To avoid falling victim to these scams, recipients should be vigilant about unsolicited emails and verify the legitimacy of any communication before sharing personal information. Additionally, do not click on suspicious links or download attachments from unknown sources.

Understanding these common ERC scams and staying informed about the necessary precautions can help businesses avoid falling prey to unscrupulous promoters or costly errors when attempting to claim Employee Retention Credit.

Warning Signs of Scams

In recent years, there have been increased incidents of scams related to the Employee Retention Credit (ERC). Business owners and tax-exempt organizations should be familiar with the warning signs to protect themselves from fraud.

Scammers utilize several tactics to convince potential victims, including aggressive broadcast advertising, direct mail solicitations, online promotions, and unsolicited phone calls. It’s essential to be vigilant when encountering these methods, as they might be attempts to deceive.

One potential red flag is the promise of a hassle-free application process. Legitimate credit consultants and professionals will usually take time to ensure the applicant meets all the requirements and adheres to IRS guidelines. If a company claims the process is easy or they can obtain the credit quickly, that should raise suspicion.

Another warning sign is the demand for large upfront fees before providing any services. While it is common for service providers to request fees for their work, scammers often inflate the costs and demand immediate payment. Reputable businesses will typically provide clear and transparent fee structures that align with industry standards.

Maintaining a confident and knowledgeable demeanor is also crucial for scammers. They often create an illusion of expertise in the ERC, even when they have a limited understanding of the topic. To verify the legitimacy of a potential consultant or service provider, check their online presence and credentials, and search for reviews from other businesses that have used their services.

Being cautious about unsolicited phone calls, emails, or messages promoting the ERC is essential. Scammers may use phishing tactics to gain access to sensitive information or trick potential victims into divulging personal and financial data. Always double-check the origin of the communication and never disclose any information without verifying the legitimacy of the request.

In summary, the warning signs of Employee Retention Credit scams include aggressive advertising, promises of easy applications, large upfront fees, questionable expertise, and unsolicited communication. By staying vigilant and informed, businesses and tax-exempt organizations can better protect themselves from falling prey to such scams.

Impact of ERC Scams on Taxpayers

Employee Retention Credit (ERC) scams can have significant effects on taxpayers, by exposing them to penalties, interest, and other financial consequences. Such scams involve the improper claiming of the ERC by third parties who advise employers to claim the credit, even when they may not qualify for it or calculate it incorrectly 1.

When taxpayers fall victim to these scams, they may face various financial repercussions. For instance, if a taxpayer claims the ERC without meeting the eligibility criteria or with an overstated wage deduction, they may be liable for penalties and interest on the unpaid tax amount. Additionally, the taxpayer might have to repay the entire improperly claimed credit, further increasing their financial burden 2.

In some cases, ERC scams can involve unscrupulous tax professionals who charge high fees for assistance in claiming the credit. These professionals may misrepresent the taxpayer’s eligibility or improperly calculate the credit, leading to incorrect claims and potential tax issues. Ultimately, taxpayers who engage such individuals may end up paying hefty fees without receiving any legitimate benefit from the ERC 3.

The prevalence of ERC scams underscores the importance of being vigilant while filing tax returns. Taxpayers should perform due diligence when selecting tax professionals and ensure that they fully understand the eligibility criteria for the ERC. Furthermore, the IRS strongly advises taxpayers to file accurate tax returns by reviewing their wage deductions and other relevant information to prevent errors related to ERC claims 4.

In conclusion, ERC scams pose significant risks to taxpayers, who may face penalties, interest, and overall financial strain. By understanding the eligibility criteria and filing accurate tax returns, taxpayers can protect themselves from the consequences of ERC scams and ensure they claim their rightful tax benefits.


  1. IRS Says Watch Out for ERC Scams, E-File Your 3rd Quarter Returns and …
  2. Beware of Employee Retention Credit scammers – Internal Revenue Service
  3. IRS Warns of Employee Retention Credit (ERC) Scams
  4. IRS Continues To Focus On Fraudulent Employee Retention Credit … – Forbes

Eligibility for Employee Retention Credit

Eligibility Requirements

Eligible employers who faced a significant decline in gross receipts or experienced full or partial business suspension due to a government order can benefit from the Employee Retention Credit (ERC). The credit aims to encourage employers to retain their employees, even during tough financial times. To qualify, employers must meet certain criteria related to gross receipts and be a recovery startup business or have faced a significant decline in gross receipts.

Qualified Wages

Qualified wages are an essential aspect of ERC eligibility. The definition of qualified wages varies depending on the employer’s size and the period in which the credit is claimed. Generally, qualified wages include wages paid to employees during a period of substantial business disruption due to a government order or the period when the employer experienced a significant decline in gross receipts, as well as certain health plan expenses. The IRS frequently asked questions to provide further information on qualified wages for different ERC periods.


Various types of entities can be eligible for the Employee Retention Credit, including businesses, tax-exempt organizations, and even some governmental employers. However, it’s important to note that certain organizations, such as federal, state, and local governments, are explicitly excluded from ERC eligibility.

Employers must ensure they meet the specific requirements related to eligible employers, gross receipts, and qualified wages to genuinely qualify for the credit and avoid falling victim to scams targeting unaware businesses.

Determining and Calculating ERC

The Employee Retention Credit (ERC) is subject to specific regulations to ensure proper claims and avoid scams. Key determinations and calculations involve wage deductions and guidance from various notices provided by the Internal Revenue Service (IRS).

Notice 2021-20 and Notice 2021-23

Notice 2021-20 and Notice 2021-23 provide guidance on calculating and determining ERC eligibility for 2020 and the first two quarters of 2021, respectively. Employers must consider factors such as government orders, suspension of operations, and gross receipts while calculating the ERC.

Calculating the Credit

The calculation of the ERC involves the following steps:

  1. Determine the applicable percentage (usually 50% for 2021 and 70% for Jan-Jun 2021).
  2. Identify qualified wages and healthcare costs.
  3. Process wage deductions, i.e., remove any wages claimed under the Families First Coronavirus Response Act.

Eligibility Criteria

To qualify, employers must experience either:

  • A full or partial suspension of operations due to a government order, or
  • A significant decline in gross receipts (a 50% drop compared to the same quarter in 2019 for 2020, or a 20% drop for Jan-Jun 2021).

Notice 2021-49 and Revenue Procedure 2021-33

These notices address ERC-related issues concerning the third and fourth quarters of 2021 and provide additional guidance on calculating the credit in the third quarter.

Updates to Calculation and Deductions

Notices 2021-49 and Revenue Procedure 2021-33 introduced changes, including:

  • An increase in the wage deduction cap for large employers to $10,000 per employee per quarter (compared to the previous $10,000 per employee per year).
  • A new safe harbor allowing employers to exclude specific types of revenue derived from the forgiveness of Paycheck Protection Program (PPP) loans when determining eligibility.

When determining and calculating ERC for their businesses, employers must follow these guidelines to avoid improper claims and scams. It is crucial to stay informed about updates from the IRS and consult a qualified professional to ensure accuracy and compliance.

Protecting Yourself from Scams

When it comes to the Employee Retention Credit (ERC), it’s essential to remain vigilant and protect yourself from scams. The rise in fraudulent activities surrounding the ERC has caught the attention of the Internal Revenue Service (IRS), which has warned taxpayers about potential risks and scams related to this credit in 2022.

Employers must take responsibility for ensuring their own security in dealing with the ERC by seeking the assistance of reputable tax professionals and being aware of any suspicious activities. Trusted advisors will provide accurate information and legitimate guidance on claiming the ERC, while scammers may lie about your eligibility and charge substantial fees for assistance in claiming the credit.

To reduce your risk, always use the official IRS website to access accurate information, guidance, and resources related to the Employee Retention Credit. The IRS.gov/ERC portal provides a secure and reliable source of information on eligibility requirements, FAQs, and instructions on how to claim the credit properly.

Moreover, it’s crucial to ensure that your communications with the IRS and other tax professionals are secure, especially when sharing sensitive information. Use encrypted email services, and secure document portals, and follow best practices for data security to safeguard your tax documents.

In case of any natural disasters or emergencies, the IRS offers resources, guides, and assistance to help taxpayers tackle issues related to tax relief and filing. Visit the IRS disaster assistance and emergency relief page for more information and updates on any ongoing relief efforts.

By following these guidelines, staying informed, and relying on trustworthy sources, employers can protect themselves from scams related to the Employee Retention Credit and other tax-related frauds. Remember to remain vigilant, seek professional help when needed, and always verify the information before making any decisions regarding your taxes.

Reporting ERC Scams

Employee Retention Credit (ERC) scams have been on the rise, and it’s crucial to report any suspicious activity or fraudulent claims related to the credit. In this section, we will outline the steps you can take to report such scams, primarily focusing on contacting the Internal Revenue Service (IRS) and seeking taxpayer assistance.

Contacting the IRS

When you suspect a fraudulent claim or encounter any questionable practices related to the ERC, the first step should be to report the matter to the IRS. The IRS is responsible for investigating such cases and ensuring compliance with tax laws. To get in touch and report any ERC scams, you should:

  • Submit a written report detailing the incident, including any relevant information about the suspicious activity or the parties involved.
  • Provide as much information as possible, including relevant contact details, communications, and documents.
  • Mail the report to the IRS at the following address: Internal Revenue Service, Fresno, CA 93888-0025. Remember to use appropriate postage.

The IRS takes these reports seriously and investigates allegations of fraudulent claims or misconduct related to the Employee Retention Credit or other tax matters.

Taxpayer Assistance

For tax-exempt organizations and businesses impacted by ERC scams, the IRS also offers assistance through various taxpayer support services to help navigate the complexities of this credit and ensure compliance. Some of the resources available to affected organizations include the following:

It’s important to stay vigilant and informed about the potential risks associated with ERC scams. By promptly reporting any suspicious activity to the IRS and seeking necessary assistance, taxpayers can better protect their financial interests and remain compliant with tax regulations.


The Employee Retention Credit (ERC) is a complex credit that requires careful review before application. While it has the potential to be valuable to businesses, the complexity makes it a prime target for scams and misuse. In 2022, scammers may continue to target businesses, offering promises of quick and easy access to the credit.

As mentioned by the IRS, there are warning signs that businesses should be aware of when confronted with potential ERC scams. These include unsolicited calls or advertisements, promises of eligibility determination within minutes, large upfront fees, and fees based on the refund amount claimed.

By being cautious and staying informed of the potential dangers associated with ERC scams, businesses can better protect themselves from falling prey to fraudulent practices. Engaging with professional advice from qualified tax experts and conducting thorough research are valuable steps in the right direction.

In summary, Employee Retention Credit is a useful aid for businesses in need, but organizations must carefully navigate it to avoid fraudulent schemes. Interacting with legitimate tax professionals, watching for warning signs, and staying informed through authoritative sources will ensure businesses maximize their benefits while minimizing the risks associated with ERC scams.

Frequently Asked Questions

What are the common warning signs of ERC scams?

Some common warning signs of Employee Retention Credit (ERC) scams include aggressive marketing through radio, television, and online ads, in addition to unsolicited phone calls and text messages. Moreover, scammers may send letters from non-existent groups, such as the “Department of Employee Retention Credit” 1.

How can businesses protect themselves from ERC fraud?

Businesses can protect themselves from ERC fraud by carefully researching any third-party consultants claiming to offer ERC assistance. It is crucial to evaluate the consultant’s reputation, check for prior experience with ERC matters, and ensure they understand the eligibility criteria and proper calculation of the credit. It is also important not to provide sensitive financial information to unverified or suspicious sources.

What steps should be taken if an ERC scam is suspected?

If an ERC scam is suspected, businesses should immediately report it to the IRS by submitting a complaint using Form 14039-B, Business Identity Theft Affidavit. Additionally, companies should take steps to secure their financial information and consult with a trusted advisor or tax professional to ensure they are following the proper procedures to claim the ERC.

Are there any known scams related to the Employee Retention Credit?

Yes, there have been instances of scammers targeting businesses by falsely advising them to claim the ERC when they may not be eligible or by charging excessive fees for their services without providing any actual assistance. These scammers may lie about a business’s eligibility for the credit and leave the company with tax issues, as claiming the ERC without qualification will result in the credit having to be repaid3.

How to verify the authenticity of an Employee Retention Credit communication?

To verify the authenticity of an ERC-related communication, businesses can check the IRS’s official website for updated information on the Employee Retention Credit. Additionally, companies can consult with their tax professionals or contact the IRS directly through their official channels to confirm the legitimacy of any information or correspondence received regarding the ERC.

What are some recommendations by the IRS to avoid falling victim to ERC scams?

The IRS recommends that businesses remain vigilant and skeptical of any unsolicited advice or offers related to the ERC, especially those that seem too good to be true or involve disregarding the taxpayer’s eligibility or proper calculation of the credit2. It is also advisable to seek guidance from a reputable tax professional and regularly review the IRS’s guidelines on claiming the ERC to ensure compliance and avoid potential scams.


  1. https://www.irs.gov/newsroom/learn-the-warning-signs-of-employee-retention-credit-scams
  2. https://tax.thomsonreuters.com/news/irs-says-watch-out-for-erc-scams-e-file-your-3rd-quarter-returns-and-tax-records-available-to-disaster-victims/ 2
  3. https://www.irs.gov/newsroom/beware-of-employee-retention-credit-scammers


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