Protecting Your Business: A Toolkit Against Employee Retention Credit Scams

Employee Retention Credit Scams

In a bid to help businesses during challenging economic times, the government introduced the Employee Retention Credit (ERC), a refundable tax credit designed to incentivize employers to retain their staff.

However, this well-intentioned initiative has been exploited by unscrupulous individuals, leading to an increase in ERC scams.

These scams have become a potent threat, preying on businesses in their most vulnerable times, leading to considerable financial loss, legal complications, and even reputational damage.

The aim of this blog post is to arm businesses with an arsenal of knowledge and strategies to protect themselves from falling victim to these scams.

We’ll delve into what these scams look like, the warning signs to look out for, and the practical steps you can take to safeguard your business. A business forewarned is a business forearmed. Let’s build your toolkit against Employee Retention Credit scams.

Anatomy of Employee Retention Credit Scams

Employee Retention Credit (ERC) scams vary in their approach, but they typically have a common goal: to exploit businesses by claiming to assist them in securing ERCs, while their true intention is to siphon funds or steal sensitive information.

One common scam tactic involves fraudsters posing as tax professionals or consultants who offer to help businesses claim ERCs. They may reach out via phone calls, emails, or even personal visits, promising to help businesses secure significant financial returns.

Scammers will often request sensitive business or personal information under the pretense of processing the claim, or ask for an upfront fee to expedite or guarantee the credit.

Phishing scams are also common. Fraudsters send emails or text messages impersonating the IRS or other legitimate institutions, hoping to trick businesses into providing sensitive information or making payments. These communications often have a sense of urgency to pressure the business into immediate action.

Scammers have also been known to use advanced tactics, such as creating fake websites that mimic legitimate government sites, further tricking businesses into providing valuable information or money.

In a disturbing twist, some scams involve identity theft, where fraudsters use stolen identities to submit ERC claims without the victim’s knowledge.

It’s essential to be aware of these scams to protect your business. Recognizing these fraudulent tactics is the first step towards building a strong defense against ERC scams.

Impact of ERC Scams on Businesses

The consequences of falling victim to an Employee Retention Credit (ERC) scam are severe and far-reaching. Firstly, these scams can lead to substantial financial losses.

Businesses may lose funds through fraudulent upfront fees, or by sharing sensitive information that allows scammers to access and drain financial accounts.

The impact of an ERC scam doesn’t stop at financial loss. Businesses may also face potential legal repercussions. If fraudulent claims are filed on behalf of a business without their knowledge, it can lead to investigations, penalties, and a significant amount of time and resources spent in rectifying the situation.

Furthermore, businesses can suffer reputational damage. News of a business falling prey to a scam can shake the confidence of customers, suppliers, and stakeholders. This can result in loss of business, weakened relationships, and a long-term impact on the business’s standing in the industry.

The personal toll on business owners and employees can also be significant. Stress, anxiety, and loss of trust are common psychological impacts.

This reinforces the importance of understanding and guarding against ERC scams. Awareness and preventive action are the best protection against these damaging effects.

Identifying ERC Scams: Red Flags to Look Out For

Financial Scams

Recognizing an Employee Retention Credit (ERC) scam is crucial to protecting your business. Here are several warning signs to keep in mind:

  • Unsolicited Contact: Be cautious of unsolicited contact from individuals or organizations offering to help claim your ERC, especially if they’re unfamiliar. Legitimate tax professionals won’t usually approach you unprovoked.
  • Requests for Sensitive Information: If someone asks for your business or personal information, especially financial details, over the phone or through email, it’s a significant red flag.
  • Upfront Fees: Fraudsters might ask for upfront fees to process your ERC. This isn’t standard practice, so be wary if someone requests payment before providing any services.
  • Pressure Tactics: Scammers often create a sense of urgency, suggesting that you’ll miss out on the ERC if you don’t act immediately. Authentic tax professionals and the IRS don’t operate this way.
  • Phishing Attempts: Watch out for emails or messages impersonating legitimate organizations like the IRS. These messages might direct you to fraudulent websites or request personal information.

Building Your Defense: Best Practices to Prevent ERC Scams

With the right tools and strategies, your business can effectively safeguard itself against Employee Retention Credit (ERC) scams. Here are some best practices to fortify your defense:

  • Educate Your Team: Knowledge is your first line of defense. Ensure your team is aware of what ERC scams look like and the red flags to watch for. Regular training sessions can keep everyone updated on the latest scam tactics.
  • Secure Your Data: Implement robust data security measures to protect sensitive information. This includes using secure passwords, encrypted communications, and two-factor authentication. If you want to protect yourself from cyberattacks, you should upgrade your hardware and software frequently.
  • Establish Open Communication: Promote an environment where employees can freely report suspicious activity without fear of reprisal. The quicker a potential scam is reported, the faster your business can respond and mitigate potential harm.
  • Verify Before Acting: If contacted about the ERC, take the time to verify the individual’s or organization’s legitimacy. Authentic tax professionals and agencies will not mind you taking steps to validate their identity.
  • Engage Trusted Tax Professionals: Consult with a trusted tax professional when dealing with your ERC. They can guide you through the legitimate process of claiming it and can help identify potential scam attempts.
  • Report Suspected Scams: If you suspect a scam, report it immediately to the proper authorities. This can help protect other businesses and contribute to stopping these fraudulent activities.
  • No Upfront Payment: Avoid paying upfront fees for services not yet rendered. Legitimate tax professionals don’t operate in this way.

Legal Resources: What to Do If You’ve Fallen Victim

If your business has unfortunately fallen victim to an Employee Retention Credit (ERC) scam, it’s important to know that you have legal rights and resources.

Firstly, don’t hesitate to report the scam to local law enforcement. The details you provide can be crucial in helping them track down and prosecute the scammers.

Also, report the incident to the Internal Revenue Service (IRS) and the Federal Trade Commission (FTC). These agencies can provide guidance on the next steps to take, help mitigate the damage, and work towards preventing such scams in the future.

Consult with a trusted legal advisor to explore additional legal remedies available to you. This could include potential litigation against the fraudsters or steps to recover lost funds.

Remember, it’s essential to act swiftly. The faster you respond, the better your chances of minimizing the impact of the scam.

Proactive Measures: Regular Practices to Keep Your Business Safe

In addition to knowing how to spot and react to Employee Retention Credit (ERC) scams, it’s essential to maintain regular practices that keep your business safe. Here are some strategies to consider:

  • Frequent Audits: Regularly audit your financial and tax records for any discrepancies or suspicious activities. Early detection can prevent substantial losses and assist in investigating scams.
  • Update Security Protocols: Cybersecurity is vital in protecting your business against scams. Continuously update your firewalls, antivirus software, and other security protocols to combat evolving cyber threats.
  • Ongoing Education: Scam tactics change and evolve. Regularly update your knowledge and keep your employees informed about the latest types of scams and prevention methods.
  • Verify Communication: Always verify unsolicited communication, especially if it requests sensitive information or immediate action. Consult a trusted advisor or directly contact the agency the communication claims to be from.
  • Consult Professionals: Regularly consulting with trusted tax professionals can ensure you’re up-to-date on legitimate processes and can prevent falling for scams.


Employee Retention Credit (ERC) scams pose a significant threat to businesses, but armed with the right knowledge and tools, you can protect your business effectively.

Understanding the anatomy of these scams, recognizing the red flags, and implementing robust defensive strategies can shield your business from harm. Remember, staying proactive and vigilant is crucial to combating these scams.

It’s essential to create an environment of open communication, foster ongoing education, and establish strong security practices.

In doing so, you not only protect your business but also contribute to the broader fight against these scams. Stay informed, stay safe, and continue to protect your business against ERC scams.

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