Tim’s Tax News on the Tenth – January 2024

Timothy M. Hughes • January 10, 2024

IRS Announces Novel New Voluntary Disclosure Program – Lets Employers Who Received Questionable Employee Retention Credits Pay Them Back at Discounted Rate

A magnifying glass with the word taxes written on it


The IRS announced as part of its ongoing initiative aimed at combating dubious Employee Retention Credit (ERC) claims, the IRS launched a new Voluntary Disclosure Program to help businesses who want to pay back the money they received after filing ERC claims in error. The new disclosure program is meant to help “innocent taxpayers” who were misled by aggressive marketing ERC companies that caused some unqualified employers into filing claims. The special disclosure program runs through March 22, 2024, and the IRS added provisions allowing repayment of 80% of the claim received.


The IRS also continues to urge employers with pending ERC claims to consider a separate withdrawal program that allows them to remove a pending ERC claim with no interest or penalty. The IRS has already received more than $100 million in withdrawals as it continues intensifying audits and criminal investigation work in the ERC area.


As the IRS continues special initiatives addressed towards ERC, the IRS plans on providing an update in early 2024 on the status of the moratorium. Additionally, the IRS mailed out 20,000 denial letters to ERC claimants in early December 2023. The novel ERC Voluntary Disclosure Program (closing March 22, 2024) with its 80% repayment for those that the IRS accepts into the program also waives repayment of interest that may have been paid to the taxpayer. The 20% discount was conceived to help taxpayers repay the credit they received after paying promoter fees. If the taxpayer is unable to repay the required 80% of the credit, the IRS may allow for an installment agreement on a case-by-case basis, pending submission and review of a Collection Information Statement for Businesses form and all required supporting documentation.


The IRS will not charge program participants interest or penalties on any credits they repay. However, if the employer is unable to repay the required 80% of the credit at the time of signing their closing agreement, then the employer will be required to pay penalties and interest in connection with entering into an installment agreement.


If you would like more details, please do not hesitate to call our office. Our office has been successful in helping taxpayers with IRS and IDOR collection problems for over 30 years. If you have a tax or debt problem, please contact me at 847-705-9698 or thughes@lavellelaw.com and find out how we can help you.


Are you receiving the Lavelle Law eNewsletter? Sign up today and receive valuable updates and perspectives on a wide range of legal issues: http://goo.gl/pjeJkm



More News & Resources

Lavelle Law News and Events

IRS Issues Guidance on Trump Accounts Established Under the Working Families Tax Cuts
By Timothy M. Hughes December 10, 2025
The Department of the Treasury and the Internal Revenue Service recently issued a notice announcing upcoming regulations and providing guidance regarding Trump Accounts, which are a new type of individual retirement account (IRA) for eligible children.
Consider this two-part test when finding the right attorney or law firm.
By Kerry M. Lavelle December 9, 2025
How do you choose the right attorney or law firm for your needs? Attorney Kerry Lavelle has refined his answer to this common question into a clear, two-part test - one that helps individuals and businesses identify legal representation that is both highly competent and truly client-focused.
IL Condominium Law: Updates, HOA Strategies, & Financing Insights - a presentation recording
November 24, 2025
Daday and Kish discussed the essentials of Illinois condominium and common interest community association law. The presentation highlighted recent legal updates impacting HOA operations and addressed key issues in collections and safeguarding the financial interests of the association.
Understanding Grandparent Visitation Rights in Illinois
By Elizabeth C. Thompson November 19, 2025
While Illinois law recognizes that grandparents can play a vital role in a child’s life, it also strongly defers to the rights of parents. A grandparent seeking visitation must overcome a high legal threshold and demonstrate that denial of contact would likely harm the child’s well-being.
Behind the Scenes of Our 2025 Food Drive Delivery Day!
By Lavelle Law Charities November 17, 2025
The 2025 Lavelle Law Charities Food Drive wrapped up excitingly on October 24, 2025! After weeks of heartfelt community giving, Lavelle Law team members personally delivered an enormous haul to the Schaumburg Township Food Pantry.
Impact of Partial Government Shutdown on IRS – Day 41
By Timothy M. Hughes November 10, 2025
Impact of Partial Government Shutdown on IRS – Day 41: Due to the current lapse in appropriations, IRS operations are limited. However, the underlying tax law remains in effect, and all taxpayers must continue to meet their tax obligations as normal.
$65 Million Sale of Business - Lavelle Law Success Story
By Business Law October 29, 2025
$65 Million Sale of Business – a Lavelle Law Success Story. We were able to effectively negotiate the terms of a complex sale in a manner that enabled both buyer and seller to achieve their objectives.
Free Event. Learn the nuts and bolts of Illinois condominium law.
By Stephen G. Daday and Robyn K. Kish October 27, 2025
Explore the nuts and bolts of condominium law and gain actionable strategies to navigate today’s condominium and HOA challenges in Illinois.
New law provides expanded protection for Illinois residents, increasing key debtor exemptions.
By Timothy M. Hughes October 15, 2025
The Illinois General Assembly enacted Public Act 1738, amending several provisions of the Illinois Code of Civil Procedure to raise debtor exemption limits effective 1.1.26. The new law provides expanded protection for residents, marking the most significant increase to the state’s exemption statutes in over a decade.
Be proactive and put your home in a trust to avoid the time, hassle, and expense of probate court.
By Heather A. McCollum October 13, 2025
A crucial estate planning tool that many people in Illinois overlook is putting their home in a trust. Placing your house in a revocable trust offers multiple benefits. It avoids probate, which can save your family time and money after your death.
More Posts