Milwaukee Employee Retention Credit (ERC) Attorneys

The Employee Retention Credit (ERC) was established to provide federal payroll tax relief to eligible employers that retained employees during the COVID-19 pandemic. However, many businesses that submitted claims have encountered significant processing delays, IRS examinations, denied refunds, and questions about whether their claims satisfy federal eligibility requirements. We understand the financial challenges that delayed refunds can create for businesses that relied on these funds to recover from pandemic-related disruptions.

Moskowitz LLP’s Milwaukee office is located at 1433 N Water Street, Milwaukee, WI 53202, near the Milwaukee River and downtown’s Lower East Side. We serve individuals and businesses throughout Milwaukee County and the greater southeastern Wisconsin region. We also represent individuals and businesses throughout the state to include Dane county and all counties up north.

If your business is waiting on an ERC refund, responding to an IRS examination, or challenging a denied claim, call 414-200-0030 or schedule a confidential consultation.

Recent Client Review

"Great experience with the team at Moskowitz. Had a real mess with some back tax issues. Received excellent service from Mary and Carey who dug in and stayed with it until all issues were resolved! It was worth the money I paid them to work with the IRS on my behalf. Everything was resolved and I am personally relieved and happy to recommend their services."

— Verified Google Review from Dave M.

How Does the Employee Retention Credit Work?

The Employee Retention Credit is a refundable federal employment tax credit available to qualifying employers for certain wages paid during eligible periods in 2020 and 2021. Eligibility generally depended on whether an employer experienced a qualifying decline in gross receipts or a full or partial suspension of operations resulting from an applicable governmental order.

Although the credit originally offered substantial financial relief, the deadlines for submitting new claims have generally passed. Federal legislation enacted in 2025 also imposed additional restrictions on certain late-filed claims involving the third and fourth quarters of 2021.

For Milwaukee businesses, the primary focus today is resolving previously filed ERC claims, responding to IRS inquiries, and protecting available administrative or judicial remedies.

Schedule a Milwaukee ERC Consultation

If your business has an unresolved ERC claim, received an IRS audit notice, or been notified that a refund was disallowed, understanding your next steps is essential. The IRS has increased scrutiny of ERC claims because of widespread improper filings and aggressive third-party promoters. As a result, even businesses that believe they submitted legitimate claims may be asked to provide extensive documentation supporting eligibility and qualified wages. At Moskowitz LLP, our Milwaukee ERC lawyers and tax attorneys and financial professionals evaluate your claim status, review supporting documentation, and identify options based on the IRS’s actions and applicable procedural requirements.

Assistance With Delayed ERC Refund Claims

Processing delays have created uncertainty for employers waiting for decisions on previously submitted ERC claims. Our team helps businesses evaluate the status of their refunds and determine whether additional administrative or legal action may be appropriate. Potential strategies include:

• Taxpayer Advocate Service (TAS) Assistance: When eligibility requirements are met, we can help businesses evaluate whether assistance from the Taxpayer Advocate Service is appropriate for an unresolved ERC issue. TAS involvement does not guarantee expedited processing.
• Congressional Inquiries: In certain circumstances, businesses may seek assistance from their congressional representatives regarding prolonged IRS delays. Our team can help organize relevant claim information and correspondence to support an inquiry.
• Refund Claim Review: We examine the original ERC filings, IRS correspondence, payroll records, and supporting calculations to identify potential issues affecting claim processing.
• Federal Refund Litigation: When statutory and jurisdictional requirements are satisfied, we evaluate whether a federal refund lawsuit is an appropriate option. Litigation is not available for every delayed claim and does not guarantee faster payment.

Our objective is to help businesses understand their claim status and pursue available remedies without creating unnecessary financial or legal exposure.

ERC Audit Representation for Wisconsin Businesses

The IRS continues to examine Employee Retention Credit claims to determine whether employers met the applicable eligibility requirements and accurately calculated qualifying wages. For Milwaukee-area businesses, examinations may involve questions about pandemic-related operational restrictions, gross receipts, employee classifications, and the treatment of wages used for other federal relief programs. Moskowitz LLP provides representation throughout the ERC audit process, including:

• Comprehensive Audit Defense: We review the original claim, analyze eligibility, organize supporting documentation, and respond to IRS requests for information.
• Government Order and Gross Receipts Analysis: We evaluate whether the business satisfied the applicable suspension or gross receipts requirements for the quarters claimed.
• Payroll and PPP Coordination: We examine qualified wage calculations and determine whether wages were improperly counted for both ERC purposes and PPP loan forgiveness.
• Managing Potential Financial Exposure: When an examination identifies unsupported credits, businesses may face repayment obligations, penalties, or interest. Our team evaluates the findings and available options for challenging or resolving disputed amounts.
• Post-Audit Representation: If the IRS proposes adjustments or disallows a claim, we assess administrative appeal rights and potential litigation remedies.

For Wisconsin employers, we also consider whether ERC-related wage adjustments require corrections to previously filed income tax returns.

ERC Claim Rejection and Appeal Assistance

Receiving an IRS notice disallowing an Employee Retention Credit claim does not necessarily mean every opportunity for review has ended. However, businesses must act promptly because administrative appeal deadlines and statutory limitations can affect their available options.

Certain IRS ERC disallowance notices provide a 30-day period to request an administrative appeal. The specific notice and procedural posture determine the applicable deadline, and separate time limits may govern refund litigation. Our ERC rejection representation services include:

• Reviewing the IRS Disallowance Notice: We identify the stated reasons for denial, relevant tax periods, and applicable response deadlines.
• Evaluating Eligibility and Documentation: We examine payroll records, gross receipts calculations, governmental orders, and other evidence supporting the original claim.
• Preparing Administrative Appeals: When available, we develop arguments and supporting documentation to challenge disputed IRS findings.
• Evaluating Refund Litigation: If administrative efforts do not resolve the matter, we assess whether a federal refund lawsuit may be pursued under applicable law.
• Reviewing Related Tax Consequences: We evaluate potential federal and Wisconsin income tax adjustments associated with the credit and its treatment of qualified wages.

Contact Our Employee Retention Credit Lawyers Today

Whether your Milwaukee business is waiting for a previously filed refund, responding to an IRS audit, or challenging a denied Employee Retention Credit claim, experienced tax representation can help you understand your options. At Moskowitz LLP, our Milwaukee ERC attorneys, CPAs, and tax professionals assist Wisconsin employers with complex ERC controversies, payroll tax disputes, and federal refund matters.

Call Moskowitz LLP at 414-200-0030 or schedule a confidential consultation to discuss your Employee Retention Credit matter.