IRS Continues To Warn Employers Of ERC Fraud
Andy Scheu • April 6, 2023

What’s New?


As ERC fraud rises, the IRS is stepping up efforts to warn employers of parasitic companies, and encourage careful review ERC guidelines before claiming any tax credits. The Employee Retention Credit program was created to incentivize employers to keep their employees on payroll in 2020 and 2021, despite economic conditions and supply chain issues brought on by the Covid pandemic. Washington’s intentions were good, but unfortunately, it has led to fraudulent activity that could cost employers thousands in fines, penalties, and tax repayments.


What you should know:


Parasitic companies offering to help claim ERC on behalf of an employer may market false information, and take liberties to claim more than what their “client” actually qualifies for. These companies typically charge a percentage of the credits they help claim, and are therefore incentivized to claim as much money as possible.


Ultimately, it is up the employer to determine whether or not they qualify for employee retention credits. Any fines and penalties for wrongfully claiming ERC will be assessed to the employer, not the company that helped them claim the credit. Before claiming ERC, employers should do their own research to make sure they meet the qualification requirements outlined by the IRS. Employers should also know that owners’ wages, and wages of parties related to the owner cannot be included when calculating the tax credits, nor can credits be claimed on any wages that were paid using funds from forgiven PPP loans. These companies also frequently fail to mention that the employer will need to reduce the wage deductions they claimed on their business’ federal income tax return by the amount of the credit.


Summary:


Employee Retention Credits have helped employers, who may have struggled in recent years, keep their doors open and keep employees on payroll. Unfortunately, they have also created an opportunity for fraud. Be wary if anything sounds too good to be true, and do your own research to determine whether or not you should claim ERC. Ultimately, it is the employer’s responsibility to determine eligibility and ensure they follow all IRS guidelines.

 

Time & Pay is happy to answer questions and provide guidance to anyone interested. We can also help employers claim credits, and our fees are not based on the amount of money you qualify for, only the amount of time we spend on the project.  Contact us today for more information!




Contact Us

By Andy Scheu September 22, 2025
Learn how Time & Pay’s PTO accrual tracking system helps employees see real-time balances, request time off, and avoid scheduling conflicts with ease.
By Andy Scheu September 17, 2025
Discover how Time & Pay helps FedEx contractors overcome payroll and HR challenges with guaranteed tax compliance, workers’ comp administration, and expert HR support.
Doll hands hold tiles spelling
By Andy Scheu September 4, 2025
The recently introduced One, Big, Beautiful Bill Act (OBBB Act) brings significant changes for businesses employing tipped workers. A key provision is the “no tax on tips” rule , which removes certain federal tax liabilities for qualified tips. However, not all employees or industries qualify, so it’s essential to understand how this impacts your workforce. To qualify: Tips must be received in an occupation that customarily and regularly received tips on or before December 31, 2024 . Certain fields— healthcare, athletics, and the performing arts —are specifically carved out and do not qualify. Employers must be able to identify if their employees fall into one of the designated Treasury Tipped Occupation Codes (TTOCs) . 📋 Full List of Eligible Tipped Occupations  Below is the complete preliminary list of occupations the Treasury and IRS have identified as customarily tipped roles. Each entry includes the TTOC code, occupation title, description, examples, and related SOC codes . This list is expected to form the basis of official IRS regulations. 🍽️ Beverage & Food Service 101 – Bartenders | Mix and serve drinks (barkeep, sommelier) | SOC 35-3011 102 – Wait Staff | Serve food & beverages to patrons (cocktail waitress) | SOC 35-3031 103 – Food Servers, Nonrestaurant | Serve outside restaurant (room service, beer cart) | SOC 35-3041 104 – Dining Room & Cafeteria Attendants/Bartender Helpers | Clean, reset, assist | SOC 35-9011 105 – Chefs & Cooks | Prepare/cook meals (chef, caterer, food truck cook) | SOC 35-1011, 35-2011, etc. 106 – Food Prep Workers | Prep cold foods, slice meats | SOC 35-1012, 35-2021 107 – Fast Food & Counter Workers | Serve at counters, may prep | SOC 35-3023 108 – Dishwashers | Clean dishes & equipment | SOC 35-9021 109 – Host Staff | Welcome/seat patrons (maître d’) | SOC 35-9031 110 – Bakers | Bake breads, pastries | SOC 51-3011 🎲 Entertainment & Events 201 – Gambling Dealers | Operate games of chance | SOC 39-3011 202 – Gambling Change Persons & Cashiers | Exchange money, tokens | SOC 41-2012 203 – Gambling Cage Workers | Handle casino financials | SOC 43-3041 204 – Gambling & Sports Book Writers/Runners | Take bets, operate keno/bingo | SOC 39-3012 205 – Dancers | Perform dances | SOC 27-2031 206 – Musicians & Singers | Play instruments, sing | SOC 27-2042 207 – DJs (Non-Radio) | Play music for live audiences | SOC 27-2091 208 – Entertainers/Performers | Comedians, magicians, clowns | SOC 27-2099 209 – Digital Content Creators | Streamers, influencers | SOC 27-2099 210 – Ushers/Ticket Takers | Assist patrons at events | SOC 39-3031 211 – Locker/Coatroom Attendants | Provide personal item service | SOC 39-3093 🏨 Hospitality & Guest Services 301 – Baggage Porters/Bellhops | Handle luggage | SOC 39-6011 302 – Concierges | Assist guests with services | SOC 39-6012 303 – Hotel/Resort Desk Clerks | Register, check in/out guests | SOC 43-4081 304 – Maids & Housekeeping Cleaners | Clean hotel rooms | SOC 37-2012 🏡 Home Services 401 – Home Maintenance/Repair Workers | Handyman, roofer, painter | SOC 49-9071 402 – Landscaping/Groundskeeping Workers | Lawn/garden maintenance | SOC 37-3011 403 – Home Electricians | Install/repair wiring | SOC 47-2111 404 – Home Plumbers | Install/repair pipes | SOC 47-2152 405 – HVAC Mechanics/Installers | Heating/AC repair | SOC 49-9021 406 – Appliance Installers/Repairers | Fix/install household appliances | SOC 49-9031 407 – Home Cleaning Workers | House/pool/carpet cleaners | SOC 37-2012 408 – Locksmiths | Keys, locks, safes | SOC 49-9094 409 – Roadside Assistance Workers | Tow truck, tire repair | SOC 49-3023, 53-3032 👤 Personal Services 501 – Personal Care & Service Workers | Aides, butlers, companions | SOC 31-1122 502 – Private Event Planners | Wedding/party planning | SOC 13-1121 503 – Private Event/Portrait Photographers | Wedding/headshot photography | SOC 27-4021 504 – Private Event Videographers | Record events | SOC 27-4031 505 – Event Officiants | Weddings/funerals officiants | SOC 21-2010 506 – Pet Caretakers | Groomers, walkers, sitters | SOC 39-2021 507 – Tutors | Academic tutoring | SOC 25-3041 508 – Nannies/Babysitters | Child care | SOC 39-9011 💇 Personal Appearance & Wellness 601 – Skincare Specialists | Facials, esthetics | SOC 39-5094 602 – Massage Therapists | Therapeutic massage | SOC 31-9011 603 – Barbers/Hairdressers/Cosmetologists | Hair & barber services | SOC 39-5011 604 – Shampooers | Shampoo/rinse hair | SOC 39-5093 605 – Manicurists/Pedicurists | Nail care | SOC 39-5092 606 – Eyebrow Technicians | Threading, waxing | SOC 39-5091 607 – Makeup Artists | Design/apply looks | SOC 39-9031 608 – Fitness Trainers/Instructors | Personal/group exercise | SOC 27-1019 609 – Tattoo Artists & Piercers | Tattoos, body piercing | SOC 51-6052 610 – Tailors | Garment fitting, repair | SOC 51-6041 611 – Shoe/Leather Workers & Repairers | Cobbler, shoe shiner | SOC 39-5012 🎓 Recreation & Instruction 701 – Golf Caddies | Assist golfers | SOC 39-3091 702 – Self-Enrichment Teachers | Piano, art, knitting instructors | SOC 25-3021 703 – Recreational/Tour Pilots | Helicopter/balloon tours | SOC 25-3021 704 – Tour Guides/Escorts | Sightseeing/museum guides | SOC 39-7011 705 – Travel Guides | Expeditions, cruises | SOC 39-7012 706 – Sports & Recreation Instructors | Ski, dive, surf instructors | SOC 53-2012 🚗 Transportation & Delivery 801 – Parking/Valet Attendants | Park/tend vehicles | SOC 53-6021 802 – Taxi/Rideshare Drivers & Chauffeurs | Transport passengers | SOC 53-3054 803 – Shuttle Drivers | Scheduled route drivers | SOC 53-3053 804 – Goods Delivery People | Deliver goods/packages | SOC 53-3031 805 – Vehicle & Equipment Cleaners | Car wash/detailers | SOC 53-7061 806 – Private/Charter Bus Drivers | Motor coach/tour bus | SOC 53-3052 807 – Water Taxi/Charter Boat Workers | Operate boats | SOC 53-5022 808 – Rickshaw/Pedicab/Carriage Drivers | Bike taxis, horse carriages | SOC 53-6099 809 – Home Movers | Furniture movers | SOC 53-7062 ✅ What Employers Should Do Now Review Employee Roles – Determine if any fall under the TTOC list. Adjust Payroll Processes – Coordinate with your payroll provider to ensure compliance with new tip tax rules. Stay Updated – Treasury/IRS will finalize regulations soon, and some occupations may be clarified or excluded. Educate Managers & Staff – Make sure supervisors understand how tips are treated under the new law. 🔗 Resources Official Treasury & IRS Guidance (forthcoming)