The Employee Retention Credit (ERC) has been a financial lifeline for many businesses during the pandemic, but unfortunately, it has also become a target for mail fraud. Clients are reporting that they have not received their ERC checks, or even worse, that their checks have been stolen from their mailboxes and fraudulently cashed by thieves. If you find yourself in this situation, it’s important to act quickly. Here’s what you need to do:

Step 1: Contact the IRS and Request a Transcript

The first step is to contact the IRS to verify the status of your ERC check. You can request a transcript by filling out Form 4506-T. This form allows you to request a transcript for the period of your ERC claim. Here’s how to do it:

1. Download Form 4506-T from the IRS website.
2. Complete the form with your personal information, ensuring you select the correct period for your ERC claim.
3. Submit the form to the IRS via mail or fax as instructed on the form.

Alternatively, you can call the IRS directly and they can tell you if they sent you a check and when.

Step 2: Report the Missing Check with Form 3911

If the IRS confirms that a check was issued but you have not received it, the next step is to fill out Form 3911, which is used to report a lost, stolen, or undelivered tax refund check.

1. Download Form 3911 from the IRS website.
2. Complete the form with the necessary details, including the period of your ERC claim and your contact information.
3. Submit the form to the IRS. This form serves as a statement that you never received your ERC check.

Once the IRS receives Form 3911, they will begin an investigation into the status of the check.

Step 3: Request Assistance with Form 911

If you need further assistance or the process is taking too long, you can request help from a taxpayer advocate by filling out Form 911.

1. Download Form 911 from the IRS website.
2. Fill out the form with your information and a detailed explanation of your issue.
3. Submit the form to the IRS as directed on the form.

A taxpayer advocate can help expedite the resolution of your case and ensure that you receive the assistance you need.

Preventing Mail Fraud

To prevent future instances of mail fraud, consider the following steps:

• Secure your mailbox: Use a locked mailbox to prevent unauthorized access to your mail.
• Monitor your mail: Regularly check your mail to ensure you receive important documents promptly.
• Report suspicious activity: If you notice any signs of mail tampering or theft, report it to your local post office and law enforcement.

Mail fraud involving ERC checks is a serious issue, but by following these steps, you can take action to recover your funds. Remember to stay vigilant and take preventive measures to protect your mail from theft. If you ever find yourself in this unfortunate situation, contact the IRS, fill out the necessary forms, and seek assistance from a taxpayer advocate if needed.

Disclaimer: We want to remind you that while we do have expert tax attorneys and tax professionals working on our team and for our clients, this blog is not legal or tax advice. But we do want to help. Reach out and schedule a time to speak with me or one of my teammates to review your unique set of facts and circumstances and see how we might be able to help you.

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