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Published:   |   Last Updated: May 29, 2026

Complete Processing of All Employee Retention Credit Claims and Ensure Taxpayer Rights Are Protected

The IRS must complete processing of all ERC claims while ensuring taxpayer rights are protected, particularly in light of statutory filing deadlines and the moratorium on new claim processing.

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Objective 20

TAS Recommends

To protect taxpayer rights and ensure efficient and fair administration of the ERC program, TAS recommends
that the IRS:

Recommendation 6-1

IRS – Commit to Completing Processing of All Remaining ERC Claims: Complete processing all remaining ERC claims by the end of CY 2025.
Appeals – Track ERC Claims Affected by the Two-Year Statute of Limitations: Track ERC claims in Appeals inventory that are affected by the two-year IRC § 6532 statute and notify taxpayers of the pending statute expiration six months prior to the two-year deadline.

 

Quarter 1 Updates

TAS is reviewing how to incorporate this initiative into an existing or new Collaborative Team, a Systemic Advocacy Project, or a potential FY 2025 Annual Report to Congress Most Serious Problem. Progress during this period was affected by the lapse in appropriations and related operational impacts, including reduced staffing capacity, reassignment of work and priorities, and a reevaluation of TAS’s approach to managing systemic advocacy objectives and associated initiatives.

Quarter 2 Updates

IRS – Progress by the stated deadline was affected by the lapse in appropriations and related operational impacts, including reduced staffing capacity, and reassignment of work and priorities. Currently, the IRS plans to complete initial review of all ERC claims by December 31, 2026. TAS will continue to push for the IRS to expedite review of ERC claims.

Appeals – The IRS agreed to establish a standardized process for handling Forms 907 for taxpayers with disallowed ERC claims who are nearing statute expiration. The IRS expects to provide affected taxpayers with direct correspondence and online guidance explaining statute deadlines, Form 907 submission procedures, and the approval process. The IRS also plans to designate a centralized unit to receive and route Forms 907 for execution by the appropriate officials.

Because routing and approval procedures vary across Business Operating Divisions (BODs), the IRS stated a fully centralized process is not operationally feasible. By the end of this FY, the IRS committed to have each BOD review its internal procedures and work toward greater consistency, while also improving public guidance and controls to help ensure Forms 907 are routed and processed timely. TAS will continue monitoring and advocating for better tracking of statue cases.

Recommendation 6-2

IRS – Prioritize Claims From Taxpayers Facing Financial Hardship: Prioritize processing ERC claims from taxpayers experiencing financial hardship, followed by claims processed in the order received.
Appeals – Provide Instructions and Explanation for Submitting Form 907 for ERC Disallowances: Include instructions for submitting Form 907, Agreement to Extend Time to Bring Suit, in taxpayer notifications sent six months prior to the expiration of the two-year deadline.

Quarter 1 Updates

TAS is reviewing how to incorporate this initiative into an existing or new Collaborative Team, a Systemic Advocacy Project, or a potential FY 2025 Annual Report to Congress Most Serious Problem. Progress during this period was affected by the lapse in appropriations and related operational impacts, including reduced staffing capacity, reassignment of work and priorities, and a reevaluation of TAS’s approach to managing systemic advocacy objectives and associated initiatives.

Quarter 2 Updates

IRS – Progress by the stated deadline was affected by the lapse in appropriations and related operational impacts, including reduced staffing capacity, and reassignment of work and priorities. Currently, the IRS prioritizes the transcription, review, and risk assessment of ERC claims for taxpayers who are experiencing financial hardships. Claims the IRS identifies as low risk are processed expeditiously, and claims warranting examination are started expeditiously. TAS will continue to push for the IRS to expedite review of ERC claims.

Appeals – The IRS agreed to establish a standardized process for handling Forms 907 for taxpayers with disallowed ERC claims who are nearing statute expiration. The IRS expects to provide affected taxpayers with direct correspondence and online guidance explaining statute deadlines, Form 907 submission procedures, and the approval process. The IRS also plans to designate a centralized unit to receive and route Forms 907 for execution by the appropriate officials.

Because routing and approval procedures vary across Business Operating Divisions (BODs), the IRS stated a fully centralized process is not operationally feasible. By the end of this FY, the IRS committed to have each BOD review its internal procedures and work toward greater consistency, while also improving public guidance and controls to help ensure Forms 907 are routed and processed timely. TAS will continue monitoring and advocating for better tracking of statue cases.

Recommendation 6-3

Allocate Sufficient Resources to Review Disallowance Notice Cases: Devote sufficient resources to quickly and efficiently review and process taxpayer responses to ERC disallowance notices.

Quarter 1 Updates

TAS is reviewing how to incorporate this initiative into an existing or new Collaborative Team, a Systemic Advocacy Project, or a potential FY 2025 Annual Report to Congress Most Serious Problem. Progress during this period was affected by the lapse in appropriations and related operational impacts, including reduced staffing capacity, reassignment of work and priorities, and a reevaluation of TAS’s approach to managing systemic advocacy objectives and associated initiatives.

Quarter 3 Updates

No substantive progress has been made in Q2. TAS will continue to attempt to engage the IRS in meaningful dialogue regarding resources to quickly and efficiently process taxpayer responses to ERC disallowance notices.

Recommendation 6-4

Track ERC Claims Affected by the Two-Year Statute of Limitations: Track ERC claims affected by the two-year statute of limitations under IRC § 6532 and notify and educate taxpayers on the consequences of the deadline expiring and the options available for extending the deadline.

 

Quarter 1 Updates

TAS is reviewing how to incorporate this initiative into an existing or new Collaborative Team, a Systemic Advocacy Project, or a potential FY 2025 Annual Report to Congress Most Serious Problem. Progress during this period was affected by the lapse in appropriations and related operational impacts, including reduced staffing capacity, reassignment of work and priorities, and a reevaluation of TAS’s approach to managing systemic advocacy objectives and associated initiatives.

Quarter 2 Updates

The IRS agreed to establish a standardized process for handling Forms 907 for taxpayers with disallowed ERC claims who are nearing statute expiration. The IRS expects to provide affected taxpayers with direct correspondence and online guidance explaining statute deadlines, Form 907 submission procedures, and the approval process. The IRS also plans to designate a centralized unit to receive and route Forms 907 for execution by the appropriate officials.

Because routing and approval procedures vary across Business Operating Divisions (BODs), the IRS stated a fully centralized process is not operationally feasible. By the end of this FY, the IRS committed to have each BOD review its internal procedures and work toward greater consistency, while also improving public guidance and controls to help ensure Forms 907 are routed and processed timely. TAS will continue monitoring and advocating for better tracking of statue cases.