The IRS was still sitting on roughly 20,600 unprocessed ERC claims as of May 2026, refunds routinely take longer than a year, and two deadlines now control everything: the IRS’s window to assess (six years for Q3–Q4 2021 claims under the 2025 OBBBA amendments — into 2029 or 2030 for most late-filed claims) and your two-year window to sue after any disallowance. This page tracks the moving parts, updated monthly.
The short version is that the ERC program has entered its enforcement-and-cleanup era: the IRS is processing, auditing, disallowing, and clawing back claims all at once, and Congress rewrote several rules mid-stream. We maintain this tracker because our firm handles ERC matters through audit defense and refund litigation — $160M+ in ERC claims handled — and clients kept asking the same question: what’s actually happening with my refund?
The deadlines that matter now
| Deadline | What it controls | Status |
|---|---|---|
| April 15, 2024 / 2025 | Filing windows for 2020 / 2021 claims | Closed — no new claims |
| January 31, 2024 | OBBBA cutoff: Q3–Q4 2021 claims filed after this date are barred from payment | In force; disallowances issuing |
| Six years — into 2029–2030 for most claims | IRS assessment window for Q3–Q4 2021 claims: six years from the latest of the 941 filing, the April 15, 2022 deemed-filing date, or the date the refund claim was filed (§3134(l), as amended by OBBBA, July 2025). A claim filed in January 2024 stays open into January 2030. | Open — audits continue |
| 2 years from your Letter 105-C | Your deadline to file a refund suit after disallowance (extendable by Form 907) | Per taxpayer — check your letter date |
Where processing actually stands
The claim pipeline peaked in the moratorium era at over a million claims; by May 2026 the IRS reported it down to roughly 20,600 — but “processed” increasingly means examined, disallowed, or paid slowly rather than simply paid. Payment mechanics changed too: with Treasury’s move away from paper checks, refunds now arrive by electronic deposit, which has caught businesses with stale banking details on file.
How to check your claim (there is no tracker)
Form 941-X claims don’t appear in any online tool. What works: pulling your business account transcripts (they show receipt and freeze codes), calling the IRS business line, and — where the delay causes real economic harm — a Taxpayer Advocate Service case. What doesn’t work: waiting politely.
When waiting stops making sense
After six months of IRS inaction on a refund claim, IRC § 6532 lets you sue for the refund in district court or the Court of Federal Claims — and in our experience, filing is the only lever that reliably forces a decision on an aging claim. The analysis of when that’s worth it is in the administrative path vs. litigation, and how those suits actually resolve is covered in the settlement advantage. If your claim has been denied rather than delayed, the two-year clock is running: see ERC refund litigation.
Update log
July 2026: Pipeline ~20,600 (May 2026 IRS figure). OBBBA compliance FAQs issued — six-year assessment window and promoter penalties in effect; disallowances of post-cutoff Q3–Q4 2021 claims continue. Audit activity steady; disallowance-response deadlines are the dominant client issue. Deadline table corrected this month: the six-year statute (from the latest of filing, deemed filing, or the refund-claim date) replaces the old April 15, 2027 five-year date — most late-filed claims stay open into 2029–2030. Next update: August 2026.
ERC refund status FAQ
How do I check my ERC refund status?
There is no online tracker for Form 941-X claims. Your options: call the IRS business line, pull your business account transcripts (which show claim receipt and any freeze codes), or — if the delay is causing economic harm — open a Taxpayer Advocate Service case with Form 911.
How long are ERC refunds taking in 2026?
Years, in many cases. The IRS reported roughly 20,600 unprocessed ERC claims as of May 2026 — down from the moratorium-era backlog, but claims routinely age past a year. A refund suit after six months of IRS silence is the only mechanism that forces a decision.
What is the deadline to sue over a denied ERC claim?
Two years from the date on your disallowance letter (Letter 105-C), unless you extend it in writing with Form 907. Miss the window and the denial becomes final regardless of the claim’s merits — this is the single most dangerous deadline in the program.
If your claim is stuck, audited, or denied, book a free 15-minute call or call (619) 378-3138. We’ll tell you which clock you’re on and what it costs to act — before you spend anything.
The disallowance deadline has its own page: Letter 105-C and the two-year trap.