IRS Issues Warning on Employee Retention Credit
The Internal Revenue Service (IRS) has issued several warnings citing concerns that third-party promoters are pushing ineligible taxpayers to claim the Employee Retention Credit (ERC). The IRS is urging businesses to carefully review the ERC guidelines before claiming the credit. In the most recent warning, the agency noted “the IRS is actively auditing and conducting criminal investigations related to these false claims. People need to think twice before claiming this."
The ERC was a short-lived tax credit to support businesses that retained their workforce during the COVID-19 pandemic. To qualify for the ERC, employers must have had operations fully or partially shut down on order of an appropriate governmental entity or must have experienced a significant decline in gross receipts. The credit existed for part of 2020 and 2021.
The IRS has now issued several warnings to employers to be wary of third parties who are advising them to claim the ERC when they may not qualify. Some third parties are taking improper positions related to taxpayer eligibility for and computation of the credit.
NAHB is providing this information for general information only. This information does not constitute the provision of legal advice, tax advice, accounting services, investment advice, or professional consulting of any kind nor should it be construed as such. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal, or other competent advisers.
The ERC was a short-lived tax credit to support businesses that retained their workforce during the COVID-19 pandemic. To qualify for the ERC, employers must have had operations fully or partially shut down on order of an appropriate governmental entity or must have experienced a significant decline in gross receipts. The credit existed for part of 2020 and 2021.
The IRS has now issued several warnings to employers to be wary of third parties who are advising them to claim the ERC when they may not qualify. Some third parties are taking improper positions related to taxpayer eligibility for and computation of the credit.
NAHB is providing this information for general information only. This information does not constitute the provision of legal advice, tax advice, accounting services, investment advice, or professional consulting of any kind nor should it be construed as such. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal, or other competent advisers.
Latest from NAHBNow
Safety
Sep 29, 2026
NAHB Launches Social Media Video Series: Safety Tip of the Week
NAHB has launched the Safety Tip of the Week, a video series featuring quick tips focused on one narrow aspect of residential construction jobsite safety.
Education
Sep 28, 2026
Utilize Competive Analysis Tools to Boost Home Sales Skills
Despite persistent affordability challenges including elevated mortgage rates, new home sales improved in August. Now is a great time to sharpen home sales skills.
Latest Economic News
Economics
Sep 29, 2026
Consumer Confidence Fell in September
Consumer confidence in September plunged to the lowest level since April 2014 as consumers grew more pessimistic about current conditions and the economic outlook.
Economics
Sep 29, 2026
August Construction Job Openings
The number of open positions in the construction sector fell back in August per the Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS). The current level of open jobs is down from three years ago due to declines in construction activity, particularly in housing.
Economics
Sep 28, 2026
Market Share of 5,000+ Sq. Ft. Homes Edges Higher in 2025
New homes with 5,000 square feet or more of living space posted an increase in market share last year. In 2025, 27,000 homes of this size were started, accounting for 2.9% of all new homes started. Both the number and market share of homes with 5,000 square feet or more increased from 2024, according to annual data from the Census Bureau’s Survey of Construction (SOC).