The Employee Retention Tax Credit: Issues, enforcement, and the voluntary disclosure program

Matthew D. Lee | Fox Rothschild LLP

Matthew D. Lee is the co-chair of Fox Rothschild’s White-Collar Criminal Defense & Regulatory Compliance practice group. He is a former U.S. Department of Justice trial attorney who concentrates his practice on white collar criminal defense, government investigations, and federal tax controversies. Matt represents companies and individuals in federal criminal investigations involving tax, money laundering, health care, securities, FCPA, public corruption, and fraud offenses, and has significant experience in handling all stages of federal litigation including trials and appeals. He also represents businesses and individuals in proceedings before the Internal Revenue Service, including audits, appeals, and collections, and Tax Court and district court litigation. He also has extensive experience in advising clients on issues regarding foreign bank account reporting (FBAR) obligations, the Foreign Account Tax Compliance Act (FATCA), and the Internal Revenue Service’s Voluntary Disclosure Program. Matt advises clients as to corporate compliance issues involving the Bank Secrecy Act, the USA Patriot Act, FATCA, and anti-money laundering laws and regulations. He is the author of Foreign Account Tax Compliance Act Answer Book (Practicing Law Institute) and publishes a blog entitled Tax Controversy and Financial Crimes Report (https://taxcontroversy.foxrothschild.com).

Brian C. Bernhardt | Fox Rothschild LLP

Brian C. Bernhardt is a Partner at Fox Rothschild LLP and is a member of the firm’s Tax Controversy & Litigation, White-Collar Criminal Defense & Regulatory Compliance, and Appellate practice groups. A former trial attorney with the Internal Revenue Service Office of Chief Counsel, Brian has represented clients on tax matters before the IRS, the Department of Justice Tax Division, the U.S. Tax Court, the U.S. Court of Federal Claims, and multiple U.S. District Courts. Brian has also represented clients on matters before the North Carolina Court of Appeals, the North Carolina Supreme Court, and the Fourth Circuit Court of Appeals. Brian represents companies and individuals in civil and criminal tax proceedings before the Internal Revenue Service and Department of Justice, including audits, criminal investigations, appeals, collections, refund claims, and Tax Court and District Court litigation. He also has extensive experience in advising clients on issues regarding foreign bank account reporting (FBAR) obligations, Voluntary Disclosure Programs, conservation easements, penalty assessments, trust fund investigations, tax shelter investigations, and pandemic related audits, investigations, and fraud, including PPP Loans, Economic Injury Disaster Loans, and Employee Retention Credits.

Brian is a frequent contributor to the Fox Rothschild Tax Controversy and Financial Crimes Report blog (https://taxcontroversy.foxrothschild.com) and the Fox Rothschild North Carolina Appellate Practice blog (https://ncapb.foxrothschild.com).

I. The Employee Retention Credit (ERC)| 1:00pm – 1:10pm

II. Issues facing taxpayers – the role of promoters, qualification for the ERC, potential civil and criminal enforcement, third-party civil issues | 1:10pm – 1:30pm

III. The option to withdraw an ERC claim | 1:30pm – 1:40pm

IV. The ERC Voluntary Withdrawal Program | 1:40pm – 1:50pm

V. Potential legislative changes to the ERC | 1:50pm – 2:00pm