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West Virginia ERC Audit Lawyers

Facing an ERC Audit in West Virginia? Here’s What You Need to Know

What Exactly is an ERC Audit?

An ERC audit is the IRS’s way of verifying that your business qualified for the Employee Retention Credit, and that you calculated it correctly. The auditors will scrutinize your:

  • Payroll records
  • Financial statements
  • Tax returns
  • ERC calculations

They’re on the hunt for any red flags that could indicate an improper claim. So, what triggers this intensive review? It could be something as simple as a random selection. Or, the IRS may have spotted an issue with your paperwork that raised suspicions. 1Either way, you can’t afford to take this lightly. An ERC audit can result in your credit being partially or fully disallowed – meaning you’d have to repay funds to the IRS, plus potential penalties and interest. Not an ideal scenario, right?

Why Hire a West Virginia ERC Audit Lawyer?

Sure, you could try handling this audit on your own. But is that really the wisest move when so much is at stake? Probably not – unless you have a deep understanding of the constantly evolving ERC legislation and regulations. That’s where an experienced ERC audit lawyer from Spodek Law Group comes in. We literally wrote the book on defending ERC audits. Our attorneys know every nook and cranny of this complex area of tax law. We’ll make sure you don’t leave a single cent on the table that you rightfully deserve. 1Here’s how we can help:

Review Your Claim & Identify Potential Issues

Our team will comb through your original ERC calculations with a fine-tooth comb. We’ll double check that you met all eligibility requirements, and that your wages and credit amounts were tabulated accurately. If we uncover any potential weaknesses in your claim, we’ll strengthen them before the auditors can pounce. 1

Gather & Organize Documentation

The IRS expects you to have impeccable records substantiating every aspect of your ERC claim. We’ll assemble all the necessary documentation – payroll data, financial records, tax transcripts, PPP loan details, and more. Having this paper trail organized from the start puts you in a position of strength. 1

Communicate with the IRS

Dealing with IRS auditors can feel like navigating a minefield if you’re not accustomed to their tactics and lingo. As your representatives, we’ll handle all correspondence, ensuring your rights are protected at every turn. No more anxiety about saying the wrong thing! 1

Represent You During the Audit

When it’s time for the actual audit, we’ll be right by your side – either virtually or in-person. Our attorneys will respond to the auditor’s inquiries, provide supporting evidence, and forcefully advocate for your position. We never back down from a fight when our clients’ interests are at stake. 1

Christine Twomey
Christine Twomey
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
Very professional, very transparent, over all a great experience
Bee L
Bee L
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Appeal if Needed

Even with our strongest efforts, the auditors could still attempt to disallow part or all of your ERC claim. But that won’t be the end of the road – we can appeal their decision through the IRS appeals process and potentially to U.S. Tax Court if needed. We simply don’t give up until every possible avenue is exhausted. 1

What Sets Spodek Law Group Apart?

With so many law firms out there, what makes our ERC audit team the right choice? It boils down to our unparalleled experience, legal acumen, and client-focused approach:

Proven Track Record: We’ve successfully defended hundreds of ERC audits for businesses across industries. Our attorneys literally helped shape the legislation and have an insider’s perspective.

Tax Expertise: Taxes are our bread and butter – especially when it comes to COVID-relief programs like the ERC. We live and breathe this stuff daily.

Responsiveness: Have a question or concern? We’re just a call or email away, 24/7. You’ll always be kept in the loop.

Tenacity: We take an aggressive stance when dealing with the IRS on your behalf. Our attorneys never back down from a challenge – your interests are our top priority.

Personal Touch: You’re not just another case number to us. We take the time to understand your unique situation and tailor our representation accordingly.

National Reach: With offices in major cities like NYC and LA, we can handle ERC audits for businesses nationwide. No matter where you’re located, we’ve got you covered. 1

What to Expect During an ERC Audit

Knowledge is power when facing something as daunting as an IRS audit. Understanding the process and what’s expected of you can help ease those pre-audit jitters.Here’s a basic overview of how an ERC audit typically unfolds:

The Audit Notice

It all starts with a letter from the IRS, notifying you that your ERC claim has been selected for an audit. This kicks off a 30-day window for you to engage a representative (that’s where we come in!) and begin gathering documentation.

Information Document Request (IDR)

Next, the auditors will send an IDR – essentially a customized list of all the records and supporting evidence they need from you. This is where our team’s expertise in document management pays off. We’ll make sure you provide exactly what’s required, no more and no less.

Entrance Interview

Before diving into the substantive review, the auditors will want to conduct an entrance interview. This informal meeting allows them to gain context about your business operations, key personnel, and any unique circumstances surrounding your ERC claim.

The Actual Audit

Now it’s time for the main event – the auditors will scrutinize your documentation, computations, and overall ERC eligibility. We’ll be by your side every step of the way, responding to their inquiries and advocating forcefully on your behalf.

Exit Interview

As the audit wraps up, the auditors will share their preliminary findings in an exit interview. If any portion of your credit is being disallowed, we’ll get an explanation of their rationale – invaluable intel as we prepare for a potential appeal.

The Closing

Depending on the outcome, you may receive a No Change letter (no adjustments needed), a Report of Tax Adjustment (partial disallowance), or a Notice of Deficiency (full disallowance). If changes are proposed, we’ll have a final chance to resolve the matter before potentially appealing. While this process can be grueling, having a dedicated ERC audit lawyer in your corner can make all the difference. We’ll help you present the strongest possible case from Day 1 and fight to protect every dollar you deserve.

Why the ERC is Worth Fighting For

With so much at stake in an ERC audit, you might be wondering – is this tax credit really worth all the time, money and headache of a legal battle? Absolutely, and here’s why: The ERC was a lifeline for countless businesses struggling during the COVID-19 crisis. For each eligible employee, employers could claim a credit of up to $5,000 per employee in 2020, and $28,000 in 2021 – a substantial amount of relief funding. Even if the IRS proposes a partial disallowance, we’re still potentially talking about thousands or even millions in credits preserved for your business. Not a sum you’d want to leave on the table, right? But it’s not just about the money. There’s a principle at stake here too. You played by the rules and claimed a credit you were legally entitled to receive. Allowing the IRS to claw that back without a fight could set a dangerous precedent. At Spodek Law Group, we believe in holding the government accountable and ensuring our clients receive every dollar they deserve under the law. That’s why we take such an aggressive stance when representing ERC audit clients – it’s about more than just this credit. It’s about justice and protecting your rights as a taxpayer.

How to Maximize Your Chances of ERC Audit Success

While no outcome is ever guaranteed when dealing with the IRS, there are proactive steps you can take to maximize your chances of emerging from an ERC audit relatively unscathed:

Maintain Immaculate Records

The old adage rings true – good records are the foundation of a strong ERC audit defense. Be sure to retain all payroll data, financial statements, tax returns, PPP loan documentation, and any other relevant records substantiating your eligibility and credit calculations. The more comprehensive your paper trail, the better.

Understand ERC Eligibility Rules

There’s some nuance to the Employee Retention Credit eligibility criteria involving factors like:

  • Suspended operations due to government orders
  • Gross receipts declines
  • Status as a recovery startup business
  • Qualified wage calculations

Make sure you have a firm grasp on these rules and how they apply specifically to your situation. Our attorneys can review your case and identify any potential weak spots to address proactively.

Correct Any Errors Upfront

If in reviewing your records and claim, you do uncover any errors or miscalculations – own up to them transparently. It’s always better to amend your returns and make corrections voluntarily before the IRS discovers the issues themselves. This can help mitigate potential penalties down the road.

Consult an Expert

The Employee Retention Credit legislation is dense and constantly evolving. Trying to interpret the finer points on your own is a recipe for confusion and mistakes. Save yourself the headache by looping in a reputable ERC audit lawyer from the very start. Their expertise could end up saving you exponentially more than their fees.

Respond Promptly

When that dreaded ERC audit notice arrives, don’t let it linger. The sooner you engage professional representation and begin compiling the requested documentation, the better. Dragging your feet could be viewed as a lack of cooperation and hurt your position.

Stay EngagedThroughout the audit process, be sure to maintain open communication with your legal team. Respond promptly to any requests for additional information or clarification. The more engaged and transparent you are, the smoother the proceedings will go. By following these best practices and trusting your case to a skilled ERC audit lawyer, you can maximize your odds of a favorable outcome. Don’t let the IRS bully you into relinquishing credits you rightfully earned!

Your ERC Audit Strategy Starts Here

Facing an IRS audit is never easy, but it doesn’t have to be a nightmare either – especially when you have the right legal backup. At Spodek Law Group, our ERC audit team has the knowledge, experience and tenacity to go toe-to-toe with the IRS and secure the best possible result for your business. But we’re not just legal technicians – we’re also trusted advisors who understand the immense stress and uncertainty you’re likely experiencing right now. That’s why we make it a point to keep you informed and involved every step of the way. No surprises, no legalese, just candid counsel you can depend on.

So if you’ve received an ERC audit notice, don’t go it alone. Reach out to Spodek Law Group today and let’s get started mounting an aggressive defense of the credits you worked so hard to earn. Your business’s future could depend on it. 1

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