Under current law, April 15, 2024, is the deadline to file Employee Retention Credit (ERC) claims for the 2020 tax year and April 15, 2025 is the deadline to file claims for the 2021 tax year. Also, currently, the IRS has three years to audit most ERC claims, but it has five years to audit payroll returns with ERCs filed for the last two quarters of 2021.
The Tax Relief for American Families and Workers Act of 2024, was passed by the House of Representatives on January 31st, 2024. As drafted, H.R. 7024 would not allow new ERC claims to be submitted after January 31, 2024, and all improper claims would be subject to longer potential enforcement periods and higher penalties.