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ERC Refund - After Statute of Limitations

A client receives an ERC refund claim after the statute of limitations has closed for tax years 2020 and/or 2021. The related wage deduction was never disallowed on an original or amended tax return for those tax years.

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File an amended tax return and pay the tax even though the statute of limitations has passed. The IRS may not process the amended return and refund the tax paid, but the amended return documents the taxpayer’s attempt to comply.

Return the ERC refund claim because the requirements for a proper ERC claim were not met.

Report the income in the year received, anticipating that the IRS will treat it as income under an erroneous refund.

Ignore it since the statute of limitations has expired.

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ERC Refund - After Statute of Limitations

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