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IRS Provides Details of the Second Employee Retention Credit Voluntary Disclosure Program

By Caroline Lafourcade & Kevin Naccari, Jr. on August 23, 2024
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The Internal Revenue Service (“IRS”) published details regarding the second Employee Retention Credit Voluntary Disclosure Program (the “Disclosure Program”) on August 15, 2024. The Disclosure Program will allow employers who previously received payments for their Employee Retention Credit (“ERC”) to repay 85% of the credit received. In addition to forgiving the remaining 15% of the obligation, the Disclosure Program will also waive penalties and interest in full. The application window will remain open until November 22, 2024.

To participate, employers must execute a closing agreement that confirms that the employer is not entitled to the ERC and must disclose the name of any preparer or adviser who assisted the employer in applying for the credit. The Disclosure Program is available to any employers that have not already applied for the first Disclosure Program, are not under criminal investigation, are not under an IRS exam for the relevant tax period(s), have not received a Letter 6577-C, Employee Retention Credit Recapture or other similar notice, have not already filed an amended return to eliminate their ERC, and have not already received information from a third party that the employer is not in compliance.

Employers may apply by filing Form 15434, Application for Employee Retention Credit Voluntary Disclosure Program, which may be submitted through the IRS website. Under certain circumstances, employers may qualify for an installment agreement rather than repaying 85% of the credit as a lump sum. If an employer uses a third party to file payroll returns through the third party’s Employer Identification Number, the third party must complete Form 15434. For employers who received the ERC but worried that their claim was frivolous, the Disclosure Program presents an opportunity to eliminate audit risk, penalties, and interest.

For further questions regarding the update, please contact Liskow attorneys Caroline Lafourcade or Kevin Naccari, Jr. and visit our Tax practice page.

Disclaimer: This Blog/Web Site is made available by the law firm of Liskow & Lewis, APLC (“Liskow & Lewis”) and the individual Liskow & Lewis lawyers posting to this site for educational purposes and to give you general information and a general understanding of the law only, not to provide specific legal advice as to an identified problem or issue. By using this blog site you understand and acknowledge that there is no attorney-client relationship formed between you and Liskow & Lewis and/or the individual Liskow & Lewis lawyers posting to this site by virtue of your using this site. The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter.

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Photo of Caroline Lafourcade Caroline Lafourcade
Read more about Caroline LafourcadeEmail
Photo of Kevin Naccari, Jr. Kevin Naccari, Jr.

Kevin Naccari is an associate in the firm’s Business Transactions practice group focusing on tax and corporate law. With a background in accounting, he brings over seven years of experience as a corporate accountant to his legal practice. His experience spans a diverse…

Kevin Naccari is an associate in the firm’s Business Transactions practice group focusing on tax and corporate law. With a background in accounting, he brings over seven years of experience as a corporate accountant to his legal practice. His experience spans a diverse range of businesses, from small-scale restaurants and convenience stores to large health insurance companies and pre-initial public offering retailers. During his time as an accountant, Kevin focused on inventory system design, maintenance, and financial operations optimization.

Kevin earned his bachelor’s degree in accounting from Louisiana State University before receiving his Juris Doctor, magna cum laude, from Loyola University New Orleans College of Law. During his time at Loyola Law, he served as a judicial extern to the Honorable Carl J. Barbier of the United States District Court for the Eastern District of Louisiana. Additionally, Kevin obtained an LL.M. from New York University.

Read more about Kevin Naccari, Jr.Email
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  • Posted in:
    Tax
  • Blog:
    Gulf Coast Business Law Blog
  • Organization:
    Liskow & Lewis
  • Article: View Original Source

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