As of December 31, 2024, there is still a moratorium in place for all ERC
A 105C letter is a full rejection of the ERC claim for whichever quarter is referenced in the notice. While these can be issued for any quarter, we are seeing the vast majority of these letters issued for the 3rd Quarter of 2021. The reasoning for this is due to the lack of government orders (in Ohio, at least) that could be cited to claim the credit under a partial suspension of operations. Furthermore, since there was no requirement to send in gross receipts information, the IRS is broadly stating that they do not have any proof of the gross receipt decline in absence of a possible partial suspension.
If you receive a 105C letter, we recommend first consulting with the preparer of your ERC claim and then following the IRS instructions to respond. Depending on the nature or size of the disallowance you may have to appeal to the Office of Appeals, but only if the initial response is not deemed adequate to resolve the notice. If you filed for the 3rd Quarter of 2021 under a partial suspension claim, it is very likely that the disallowance will not be resolved without a formal appeal.
If you receive a 105C letter or a 106C letter, which is a partial denial (not full a denial, like a 105C letter), it is important to discuss with your tax advisor and respond (if necessary) in a timely manner. Based on the IRS activity over the last few months, we expect these disallowance and claw back initiatives to continue for as long as the statutes remain open.
Have questions about IRS Letter 105C? Contact us today for expert guidance and support!