Quick Answer: Yes, the ERTC refund is taxable.Many of our clients that have applied for The Employee Retention Tax Credit (ERTC) ask about the taxability of the refunds received.
The IRS has taken the position that the income is taxable in the tax year/tax period to which the credit applies.
The ERTC refunds relate back to 2020 or 2021. These amounts will be received in later years and are to be included as income on the respective prior year return. This process will require amended returns for the entity and any shareholders/partners. This will result in tax due for in the amended tax year. Since this tax will now be deemed late, the IRS will impose Interest and Penalties.
Good News - sort of... There is a process to apply for a penalty waiver with the IRS, but unfortunately it is a manual one.
Based on the IRS information, we do not recommend including the ERTC income in a current year. If you include this in the year in which the income is received, you risk the IRS auditing you and charging penalties. The penalties would not be eligible for relief at that time.