Optima Tax Relief Advises How to Withdraw Employee Retention Credit Claim

The Internal Revenue Service (IRS) has recently announced a special initiative aimed at assisting businesses that may have inadvertently claimed the Employee Retention Credit (ERC) due to aggressive marketing scams. The initiative focuses on providing a streamlined withdrawal process for businesses concerned about ineligible claims. This move reflects the IRS’s commitment to supporting businesses and preventing the spread of misleading marketing practices. Optima Tax Relief advises how to withdraw ERC claims.


The Employee Retention Credit was introduced as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act to provide financial relief to businesses affected by the COVID-19 pandemic. However, aggressive marketing tactics and scams have prompted the IRS to address concerns regarding businesses that may have erroneously claimed the tax credit.

Withdrawal Eligibility

In order to withdraw their ERC claim, an employer must meet all of the following conditions:

  • They made the claim on an adjusted employment return. These include IRS Forms 941-X, 943-X, 944-X, and CT-1X.
  • They want to withdraw the full amount of the ERC claim.
  • They filed the adjusted return to claim the ERC only, and not to make any other adjustments.
  • The IRS has not yet paid the ERC claim, or the IRS has paid but the employer has not cashed or deposited the check.

If all the above requirements are not met, employers can instead file an amended return.

Withdrawal Process

The newly announced initiative outlines a simplified withdrawal process for businesses. Wish to rectify any ineligible claims made for the Employee Retention Credit. 

  1. The employer should determine who needs to submit the withdrawal request. If a professional payroll company submitted the ERC claim, they may need to submit the withdrawal request.
  2. If an employer filed the ERC claim themselves, they can fax their withdrawal request to the IRS. Alternatively, they can mail it. However, this will take longer for the IRS to receive and process.
  3. If an employer has received an audit notice, they can send their assigned auditor the withdrawal request.

Key Points of the Initiative

  • Preventing Misleading Marketing Scams: The IRS recognizes the prevalence of aggressive marketing scams that may have led businesses to claim the ERC erroneously. By implementing this initiative, the IRS aims to counteract the impact of misleading practices and provide a pathway for businesses to rectify their claims.
  • Streamlined Withdrawal Process: The withdrawal process introduced by the IRS is designed to be user-friendly and efficient. It allows businesses to rectify their claims without unnecessary complications. This initiative seeks to encourage businesses to come forward voluntarily and correct any ineligible claims.
  • Support for Concerned Businesses: Businesses concerned about the eligibility of their ERC claims can now take advantage of the withdrawal process to rectify any inadvertent errors. The IRS is positioned to offer support and guidance throughout. The withdrawal procedure ensures that businesses can navigate the correction process with confidence.
  • Maintaining Program Integrity: The special initiative aligns with the IRS’s commitment to maintaining the integrity of relief programs. By addressing concerns related to ineligible claims promptly, the IRS aims to safeguard the ERC program from abuse and ensure that financial relief reaches businesses that genuinely qualify.


The IRS’s announcement of a withdrawal process for Employee Retention Credit claims underscores this. Its dedication to helping businesses rectify any inadvertent errors and navigate the complexities of relief programs. The streamlined initiative is a proactive step in addressing concerns related to aggressive marketing scams, providing businesses with a straightforward process to correct their claims and maintain program integrity. As businesses continue to recover from the impacts of the COVID-19 pandemic, the IRS’s commitment to supporting them through transparent and accessible processes remains crucial.

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