IRS Issues Warning on Employee Retention Credit

Advocacy
Published
Contact: J.P. Delmore
[email protected]
AVP, Government Affairs
(202) 266-8412

The Internal Revenue Service (IRS) has issued several warnings citing concerns that third-party promoters are pushing ineligible taxpayers to claim the Employee Retention Credit (ERC). The IRS is urging businesses to carefully review the ERC guidelines before claiming the credit. In the most recent warning, the agency noted “the IRS is actively auditing and conducting criminal investigations related to these false claims. People need to think twice before claiming this."

The ERC was a short-lived tax credit to support businesses that retained their workforce during the COVID-19 pandemic. To qualify for the ERC, employers must have had operations fully or partially shut down on order of an appropriate governmental entity or must have experienced a significant decline in gross receipts. The credit existed for part of 2020 and 2021.

The IRS has now issued several warnings to employers to be wary of third parties who are advising them to claim the ERC when they may not qualify. Some third parties are taking improper positions related to taxpayer eligibility for and computation of the credit.

NAHB is providing this information for general information only. This information does not constitute the provision of legal advice, tax advice, accounting services, investment advice, or professional consulting of any kind nor should it be construed as such. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal, or other competent advisers.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Economics

Apr 27, 2026

Housing’s ‘Silver Tsunami’ Is Coming, But It Won’t Hit Every Market

The so-called “silver tsunami” describes the wave of millions of homes expected to hit the market as older Americans increasingly decide to sell their properties. However, industry experts are noting that this “tsunami” isn’t landing where it’s needed most.

Membership

Apr 24, 2026

Blueprint to 100: Industry Pulse Check Launches May 1

Blueprint to 100 is NAHB's initiative to build an association that better meets industry needs as we approach the 100th anniversary of our founding. The Industry Pulse Check — launching Friday, May 1 — is our first step in this initiative to gain the insights we need to build an association that meets your needs.

View all

Latest Economic News

Economics

Apr 23, 2026

The Silver Tsunami Isn’t Landing Where It’s Needed Most

The “silver tsunami” refers to the wave of housing inventory expected as older homeowners downsize or transition out of their homes. According to the latest American Community Survey, there are an estimated 61.2 million people in the U.S. aged 65 years or older, representing about 18% of the population.

Economics

Apr 22, 2026

State-Level Employment Situation: February 2026

February’s labor market data point to a notable pullback in employment, with job losses concentrated across a majority of states and only modest gains elsewhere. While January showed solid momentum, February’s decline reflects emerging softness in hiring conditions, alongside uneven performance across the country.

Economics

Apr 21, 2026

Population Growth and Housing Supply Dynamics at the County Level in 2025

U.S. population growth slowed notably in the latest Vintage 2025 population estimates from the U.S. Census Bureau, with the nation expanding by just 0.5% in 2025, roughly half the pace of the prior year. The deceleration was primarily driven by a sharp decline in net international migration (NIM), which dropped from 2.7 million to 1.3 million, while natural change remained relatively stable.