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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.

Insights

Client Alert | 4 min read | 05.01.26

Federal Court Blocks Trump Administration Policies Restricting Wind and Solar Permitting

A coalition of regional clean energy trade associations — including RENEW Northeast, Alliance for Clean Energy New York, Southern Renewable Energy Association, and Interwest Energy Alliance — along with the Green Energy Consumers Alliance (GECA), filed suit in December 2025 against the Department of the Interior (DOI), the Bureau of Land Management, the Bureau of Ocean Energy Management, the U.S. Fish and Wildlife Service (USFWS), and the Army Corps of Engineers. The complaint alleged that five agency actions, issued in response to a series of executive orders and presidential memoranda beginning on January 20, 2025, violated the Administrative Procedure Act (APA) by arbitrarily halting or restricting federal permitting for wind and solar energy projects. Plaintiffs sought a preliminary injunction to halt enforcement of these policies while the litigation proceeds. See Renew Northeast, et al. v. U.S. Dep’t of Interior, et al., No. 25-cv-13961-DJC,  (D. Mass. Apr. 21, 2026) ECF Dkt. 89....