Is Your ERC Refund Eligible for Legal Action?

If your ERC refund is still in limbo, stuck in the IRS backlog, with no response in sight, you may be wondering: Is there anything I can actually do about it?

The short answer: Yes — if your claim meets the right criteria.

Not every ERC refund is a good candidate for litigation. But for businesses with strong claims, large credit amounts, and a real need for resolution, legal action can shift your claim out of the IRS’s slow lane and into a faster, court-enforced process.

Here’s how to know if you qualify.

Before anything else, this service is for delayed ERC refunds — not denied ones.

If you’ve filed a legitimate ERC claim and:

• Haven’t received your refund

• Haven’t received any meaningful updates or timelines

• Are getting stuck in IRS Tiered Review processes

…then you’re likely in the group of businesses affected by processing delays, not rejections. This is exactly where litigation can be effective.

FastTrack is built for substantive claims — businesses that truly qualify based on IRS rules, and can reasonably support their position.

We work with:

• Employers who experienced government-ordered shutdowns, reduced capacity, or operational disruptions

• Businesses that used the partial suspension test (especially in California)

• Companies with clear payroll data and properly filed 941-Xs

You don’t need a perfect narrative or perfect paperwork — we’ll help you build that. What matters is that your claim is legitimate and defensible.

To move forward with FastTrack, we’ll need:

• Copies of your 941-X filings

• Payroll records (or access to your payroll system)

• Any eligibility documentation you have (even if it’s just a draft)

• Correspondence from the IRS (if any)

Don’t have everything? That’s okay. We routinely help clients recover documents — even those filed through a PEO or previous provider. Lack of paperwork shouldn’t stop you from exploring your options.

ERC FastTrack is a litigation-based strategy — and while it’s far more efficient than traditional tax court, it’s still a legal process.

That’s why we typically work with businesses that have $500,000 or more in ERC credits pending. At that level, the time, effort, and leverage created by filing in federal court make strategic sense — and often produce faster, more meaningful results.

If your credit falls in this range and you’re still waiting with no response, FastTrack may be the most direct path to resolution.

Many of the clients we work with fall into a few common categories:

• Businesses that filed in 2021 or 2022 and haven’t heard a word since

• Employers who used a PEO and don’t have direct access to their documents

• Companies that received a “6612” or “566” letter and aren’t sure what to do next

• Owners who used a mill or aggressive provider and want a second opinion before engaging the IRS

If any of these sound like you, you’re likely a strong candidate for FastTrack — and we can help guide the next steps.

Not sure if you’re a fit? Use this short checklist to get a sense:

• Was your ERC claim filed more than 6 months ago?

• Is your credit amount $500,000 or more?

• Have you received little to no communication from the IRS?

• Do you believe your claim is valid, but it’s stuck?

• Are you open to a legal strategy that doesn’t require going to court?

If you answered “yes” to most of these — ERC FastTrack may be the most strategic way to protect your credit and finally move it forward.

If you’ve made it this far, you likely see signs that your claim could qualify for ERC FastTrack — especially if it’s delayed, well-documented, and worth $500K or more.

But if you’re still wondering what actually makes this approach work — and how it stacks up against other options you’ve heard about — we’ll cover that next.

In Chapter 4, we’ll break down how FastTrack compares to other paths like doing nothing, filing with the Taxpayer Advocate, contacting Congress, or pursuing traditional litigation. You’ll see why structure, legal leverage, and strategy matter more than ever when it comes to getting your refund paid.