The IRS has issued 282 pages of proposed digital asset reporting regulations, along with official IRS explanation of the provisions, which cover a range of digital asset issues where there have been questions. Issues addressed include expansive definitions of brokers and a requirement that proceeds from the sale of digital assets be reported to the IRS starting in 2026, on new Form 1099-DA for transactions on, or after January 1, 2025.

Many of our clients that have applied for The Employee Retention Tax Credit (ERTC) ask about the taxability of the refunds received.

Quick Answer: Yes, the ERTC refund is taxable.

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.

After filing your taxes, you may start wondering...

Where is my refund?

The answer depends on how you filed your return:

• E-Filing will have your refund faster... your refund should be issued between two and three weeks.
• If paper filing via US Mail, this process will slow down the refund... your refund will be received in approximately six to eight weeks of filing a paper return. In the last 2 years, the process has been considerably lower.

You can check on the status of your refund by clicking on the links below.