IRS Offering a Withdrawal Process for Ineligible ERC Claims

April 20, 2026
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Article Highlights:ERC Marketers and PromotersPotential Criminal Investigation and ProsecutionAbout the ERCWho Can Withdraw an ERC ClaimHow to Withdraw a Questionable ERC ClaimThe IRS has created a withdrawal option to help small business owners and others who were pressured or misled by ERC marketers or promoters into filing ineligible claims. Claims that are withdrawn will be treated as if they were never filed. The IRS will not impose penalties or interest. The IRS continues to warn taxpayers to use extreme caution before applying for the ERC as aggressive maneuvers continue by marketers and scammers.However, those who willfully filed a fraudulent claim, or those who assisted or conspired in such conduct, should be aware that withdrawing a fraudulent claim will not exempt them from potential criminal investigation and prosecution.The withdrawal option comes on the heels of the IRS announcing the imposition of a moratorium on processing new claims until at least the end of 2023, and that thousands of ERC claims already have been referred for audit. As part of their review procedure and to ensure a claim is legitimate, the IRS may ask for additional documentation from the taxpayer.The ERC, an abbreviation of the Employee Retention Tax Credit or ERTC, is a refundable payroll tax credit designed for businesses that continued paying employees during specified periods of the COVID-19 pandemic while their business operations were fully or partially suspended due to a government order, or they had a significant decline in gross receipts during the eligibility periods. The credit is not available to individuals.The ERC is a complex tax credit that has been aggressively marketed by ERC marketers or promoters, and these schemes have harmed well-meaning businesses and organizations, and some are having second thoughts about their claims. The IRS wants to give these taxpayers a way out. The withdrawal option allows employers with pending claims to avoid future problems, and they are encouraged to closely review the withdrawal option and the requirements. The IRS continues to urge taxpayers to consult with a trusted tax professional rather than a marketing company about this complex tax credit.Who Can Ask to Withdraw an ERC Claim - Employers can use the ERC claim withdrawal process if all the following apply:They made the claim on an adjusted employment return (Forms 941-X, 943-X, 944-X, CT-1X).They filed the adjusted return only to claim the ERC, and they made no other adjustments.They want to withdraw the entire amount of their ERC claim.The IRS has not paid their claim, or the IRS has paid the claim, but the taxpayer hasn’t cashed or deposited the refund check.

Tax and Financial Insights
by NR CPAs & Business Advisors

Explore practical articles that explain tax strategies, financial considerations, and important topics that may affect your business decisions.

2026 IRS Mileage Rates: Key Updates and Insights

The IRS has rolled out the inflation-adjusted mileage rates for 2026, offering taxpayers an efficient way to claim deductions for vehicle-related expenses incurred for business, charity, medical, or moving purposes. These adjustments reflect the continued economic shifts impacting car operation costs.

Effective January 1, 2026, the new standard mileage rates are established as follows:

  • Business Travel: Increased to 72.5 cents per mile, inclusive of a 35-cent-per-mile depreciation allocation. This marks a rise from the 70 cents per mile rate set for 2025
  • Medical/Moving Purposes: Reduced slightly to 20.5 cents per mile, down from 21 cents in the previous year, reflecting the variable cost considerations.
  • Charitable Contributions: Consistent at 14 cents per mile, a fixed rate unchanged for over a quarter-century.

As is typical, the business mileage rate considers the integral fixed and variable costs of automobile operation. Meanwhile, the medical and moving rates remain contingent on variable expenses as determined by the IRS study.

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It is critical to note that the One Big Beautiful Bill Act (OBBBA) held firm on disallowing moving expense deductions except for specific cases within the Armed Forces and intelligence community, marking a substantial shift since 2017.

When engaging in charitable work, taxpayers might opt for a direct expense deduction over the per-mile method, covering gas and oil costs. However, comprehensive upkeep and insurance costs are non-deductible expenses.

Business Vehicle Use Considerations: Taxpayers can alternatively compute vehicle expenses using actual costs, which might benefit from shifting depreciation rules, particularly through bonuses and first-year advantages. Keep in mind, however, reverting from actual cost calculations to standard rates in subsequent years is restricted, particularly per vehicle protocol and when exceeding four vehicles in concurrent use.

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Additionally, parking, tolls, and property taxes attributable to business can be deducted independently of the general rate, an often-overlooked advantage by many business owners.

Tax Strategies for Employers and Employees: Reimbursements based on the standard mileage framework, providing the right documentation is in place, remain tax-free for employees. Meanwhile, the elimination and continued prohibition of unreimbursed employee deductions continue, with particular exceptions offered to qualified personnel across specific occupations.

Opportunities for Self-employed Individuals: Entrepreneurs remain eligible for deductions on business-related vehicle use via Schedule C, with potential to account for business-use interest on auto loans.

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Heavy SUVs and Deduction Advantages: Heavier vehicles exceeding 6,000 pounds but under 14,000 pounds open opportunities for substantial tax deductions through Section 179 and bonus depreciation avenues. The lifecycle of such a vehicle bears implications on recapturing initially claimed deductions, urging cautious tax planning.

For professional guidance on optimizing your vehicle-related tax deductions and understanding their implications on tax strategies, contact our office in Coral Gables, Florida, where expert advice and strategic insights are just a call away.

Educator's Deduction Reform: Key Changes Under OBBBA

The One Big Beautiful Bill Act (OBBBA) introduces significant enhancements for educators' tax deductions starting in 2026, offering both strategic opportunities and planning considerations for educators who qualify. With the reinstated itemized deduction for qualified unreimbursed expenses, educators have a broader spectrum of financial relief. This is complemented by the retention of the $350 above-the-line deduction, allowing educators to maximize their tax benefits by selectively allocating expenses between these avenues.

Understanding the nuances of these changes is crucial for educators and financial advisors alike. The dual-option deduction strategy can potentially enhance tax efficiency, thereby aligning with broader financial planning goals.

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At NR CPAs & Business Advisors, based in Coral Gables, Florida, our expertise in tax preparation and planning provides invaluable support to educators navigating these changes. Our comprehensive approach, combined with personalized advice from our experienced team, ensures compliance and optimization in line with the latest tax legislations.

Given these updates, it is imperative to engage with seasoned professionals to fully leverage your deduction strategies. Contact us today to streamline your tax planning under OBBBA's new guidelines and maximize your deductions for upcoming tax years.

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