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IRS Announces Process to Withdraw Employee Retention Credit Claims

Client Alert | 1 min read | 10.24.23

This week, the IRS announced a new withdrawal process to allow certain employers who filed an Employee Retention Credit (ERC) claim, but have not yet received a refund, to withdraw their submission. As discussed in our previous alert, the IRS recently announced a pause in processing new ERC claims, at least through the end of 2023, due to concerns that many recently filed claims are invalid.

Taxpayers considering withdrawing their ERC claims should know the following about the IRS’s new process:

  • Taxpayers who take advantage of this process and withdraw their submission can avoid future repayment, interest, and penalties.
  • Taxpayers may withdraw their ERC claims by utilizing a special fax line established by the IRS.
  • Taxpayers notified of an audit may still participate in this program by sending a withdrawal request to their assigned examiner or responding to the audit notice if no examiner has been assigned.
  • Taxpayers who willfully filed a fraudulent claim, or those who assisted or conspired in such conduct, are not exempted from potential criminal investigation and prosecution.

We are closely watching these developments and are available to discuss ERC claims or the withdrawal program in more detail.

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Client Alert | 3 min read | 05.28.26

PFAS Regulatory Alert: EPA Rolls Back RCRA Proposed Rule on “Hazardous Waste” but Does Not Disturb Proposed RCRA Rule on PFAS

Earlier this month, the U.S. Environmental Protection Agency (EPA) withdrew a February 2024 Biden administration proposed rule, “Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units,” under the Resource Conservation and Recovery Act (RCRA).[1] The withdrawn proposal would have revised RCRA corrective action regulations to expressly apply the broader statutory definition of “hazardous waste,” rather than only the narrower regulatory definition. Now, EPA is maintaining the status quo for corrective action under RCRA. However, EPA’s withdrawal of its proposed RCRA hazardous waste definition makes no mention of its corresponding proposal from 2024 to list nine per- and polyfluoroalkyl substances (PFAS) as RCRA hazardous constituents.[2] This disjointed withdrawal, while providing some certainty for regulated entities, does not resolve how EPA plans to address PFAS under the RCRA program....

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