During a House Appropriations Committee hearing on Tuesday, Rep. Ashley Hinson (R-IA) questioned Internal Revenue Service Commissioner Danny Werfel about the Employee Retention Credit.
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NewsTranscript
00:00 You're welcome. Ranking member Hoyer and now we'd recognize Mrs. Henson. Thank you
00:06 Mr. Chairman. Just a brief question Commissioner. Obviously the ERC tax
00:12 credit in your testimony you say that there is still a moratorium on
00:16 processing those claims because of the fraud, high amount of fraud with that and
00:20 I certainly appreciate the efforts there to combat that fraud but I am working
00:26 with a lot of concerned business owners who have those claims pending and those
00:29 are refunds that they are rightfully owed. Some of them, some of these pending
00:33 cases are worth hundreds of thousands of dollars so you can imagine when things
00:36 are tight it's the difference between what they were planning to do and grow
00:40 their business and maybe add some jobs or wait on those dollars. So what is the
00:44 agency's expected timeline Commissioner to continue processing those ERC claims?
00:49 Well for all we're still processing claims received before September 14th
00:55 2023 when the moratorium started. Since the moratorium we've processed more
01:01 than two billion dollars in claims. It's those that received after September 14th
01:07 that we are not currently processing. Do you have a timeline for when you might
01:12 begin? I don't have a timeline. What I had stated earlier was after filing
01:18 season we were going to conduct a or during filing season and leading to
01:24 after filing season conducting an assessment of our inventory to figure
01:29 out the best way to proceed. Unfortunately Congresswoman there is a
01:34 lot of ineligible claims in our inventory and who is suffering for that?
01:39 The eligible claims. There are small numbers but hard to find. One of the
01:45 things that we are doing and I urge your constituents that that may be waiting we
01:49 are working with our taxpayer advocate to move to the front of the line
01:53 hardship cases anything that has become more urgent if you believe you're
01:59 truly eligible. But we've been also urging a lot of taxpayers who who may
02:04 know they're ineligible to withdraw. We've had almost 400 million dollars in
02:12 in withdrawals since we announced the moratorium. Then we've had voluntary
02:19 disclosures for those that receive the payments and that they knew they were
02:23 received an error and that we have 777 million in people who voluntarily come
02:29 close come to us and returned the ineligible credit. Right and some of
02:33 those issues were with outside companies I know that we're also involved. Yes but
02:36 to get to your question I want to work to make sure that those that are the
02:40 most urgent need while we're continuing to sort through what is a very
02:45 challenging situation that we address those quickly. Are you paying interest
02:48 out on those claims? We are required to yes. Okay and do you know what the
02:53 expected cost is because obviously when I when we look about giving you more
02:56 money you know we want to make sure that you're as efficient as possible and
03:00 driving those costs. The cost of the interest? Yeah. It is largely offset by
03:05 the the cost that we save by by holding on to the claim longer so it ends up
03:11 being budget neutral the the the interest cost. I can give you more data
03:15 on that. Well certainly would encourage you not to you know hold back as many of
03:19 these claims as possible. I'm not that's not the intention. The intention is to find the
03:23 eligible ones and process them as quickly as possible. All right thank you.
03:26 I yield back Mr. Chair.