Segal, Cohen & Landis, P.C.
IRS Auditing Your ERC? Attorney-Led Defense.
IRS tax attorneys — Beverly Hills, CA. National representation.
The Employee Retention Credit (ERC) was one of the largest federal relief programs in history — and the IRS is now aggressively auditing claims, disallowing credits, and pursuing criminal prosecution against fraudulent claimants.
If you received an ERC refund based on advice from a third-party promoter, are being audited, or received an IRS Letter 6577 or 6578, you need an attorney — not the same firm that prepared the claim. At Segal, Cohen & Landis, we represent business owners in ERC audits, IRS correspondence, and ERC repayment negotiations.
How We Help
Our Approach to ERC Audit Defense Attorney
ERC Claim Audit Defense
IRS ERC audits are intensive. Examiners review payroll records, financial statements, government orders, and revenue calculations for every qualifying quarter. We prepare your defense, control document production, and present a legal and factual case for the credit.
IRS Letter Response
Letters 6577, 6578, 105-C, and 106-C require timely, specific responses. We analyze the letter, identify the IRS's specific concerns, and prepare a comprehensive written response.
ERC Voluntary Disclosure Program
The IRS offered an ERC Voluntary Disclosure Program for taxpayers who received an improper ERC. This program allows repayment of 80% of the credit received in exchange for closing the matter without interest or penalties. We evaluate eligibility and handle the application.
Withdrawal of Pending ERC Claims
If you have an ERC refund claim pending with the IRS that you now believe is incorrect, you may be able to withdraw it before it is paid. We assess the situation and handle the withdrawal if appropriate.
How It Works
The Resolution Process
ERC Claim Review
We independently review the original ERC claim — the qualifying quarters, the revenue test or government orders test, payroll calculations, and the promoter's methodology.
Audit Response Strategy
Based on our review, we determine whether to defend the full claim, concede specific quarters, apply for the Voluntary Disclosure Program, or withdraw pending claims.
IRS Representation
We handle all IRS communications — auditor interviews, document production, Information Document Requests, and correspondence.
Resolution
We negotiate the final outcome — whether that is full defense of the credit, partial settlement, or a structured repayment arrangement.
Ready to Resolve Your Tax Problem?
Our attorneys have helped thousands of clients resolve IRS matters. Your consultation is free and confidential.
Common Questions
Frequently Asked Questions
What is the ERC and why is the IRS auditing it?+
The Employee Retention Credit allowed businesses to claim refundable payroll tax credits for keeping employees on payroll during COVID. The IRS estimates that a significant percentage of the $220 billion in ERC claims were improper and has significantly increased ERC audit activity.
What penalties apply if my ERC claim is disallowed?+
If the IRS disallows your ERC claim, you owe back the full credit plus interest. A 20% accuracy-related penalty typically applies. If the IRS determines the claim was fraudulent, a 75% civil fraud penalty can be assessed.
Further reading
Beverly Hills · Los Angeles · National
Segal, Cohen & Landis, P.C.
9100 Wilshire Boulevard, 601 East Tower, Beverly Hills, CA 90212
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