05/19/2026
Important update for businesses with disallowed ERC claims ⚠️
If your Employee Retention Credit claim was disallowed by the IRS, there is a strict deadline you need to keep on your radar.
Under IRC § 6532(a), taxpayers generally have two years from the date of the disallowance notice to file a refund suit or reach an agreement with the IRS to extend that window.
The problem? IRS delays have eaten up a lot of that time for many taxpayers while claims sit in administrative review.
The Taxpayer Advocate Service recently shared guidance on a new streamlined process for certain ERC taxpayers. The IRS is expected to send Notice CP320B to eligible taxpayers with six months or less remaining on their two-year deadline.
That notice directs taxpayers to Form 907, which can extend the time to bring suit once signed by both the taxpayer and the IRS.
A few key reminders:
🔹 Do not assume the IRS is tracking this deadline for you
🔹 Act quickly if you receive Notice CP320B
🔹 Eligible taxpayers may be able to file Form 907 proactively
🔹 Keep documentation of all IRS communications
This is not a new ERC opportunity. It is a procedural update for businesses already dealing with a disallowed ERC claim.
Full TAS update: https://hubs.la/Q04h0W2d0
ERC claim denied? Learn about the IRS’s new process to request an extension, protect your refund rights, and avoid missing the two-year deadline.