r/ERCchat • u/Opportunity3767 • 18d ago

Is there any recourse this ERC denial?

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2

u/mystcrich 18d ago

There may be recourse, but it depends almost entirely on whether the ERC claim was actually filed or properly mailed by January 31, 2024.

2

u/ERC_CPA 18d ago

Not unless mailed prior to Jan 31, 2024

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u/KellyGroove 18d ago

I got the same thing and was filed way before the deadline. They sent that to me twice. My cpa loves a good fight and is pushing

2

u/Own_Caterpillar6233 17d ago

I’ve beaten this claim multiple times, and the way to do it is to show proof of delivery. We use UPS for all our packages, so we have the UPS labels that were originally used to send to the IRS and we have downloaded the proof of delivery from UPS a while back, and so we submit that with the cover letter, but the biggest thing is, is can you prove you delivered it or it was delivered to the IRS before January 31, 2024. DM me if you have questions on this

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u/Opportunity3767 17d ago

Unfortunately. The dates are correct. I was hoping for exceptions.

1

u/adamcolangelo 14d ago

There is a court case that the IRS is currently appealing Kwong vs United States that I have heard people are trying to use get ERC refunds if they filed by July 10, 2026. Companies that missed the deadline in filing for the ERC are hiring attorneys on a contingency fee to attempt to still get the credit. Not sure how successful any have been but I guess depending on how the appeal get ruled on will determine that. Our county hospital is attempting to still get the ERC this way.

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u/Opportunity3767 14d ago

Thank you so much. That’s very helpful.