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RS Letter 6612 notifies you that your ERC claim is under review. It’s typically issued by the IRS Examination Division to begin a formal audit of one or more tax periods where you claimed the Employee Retention Credit.
Receiving a 6612 Letter does not mean you did anything wrong. It simply means the IRS wants to confirm that your claim aligns with program requirements.
The IRS has made ERC enforcement a priority, sending both Letter 6612 and IRS Form 4564 IDRs as part of a broader effort to prevent ERC disallowance fraud and recover improper claims.
Responding effectively to IRS Letter 6612 can make the difference between a smooth review and a full ERC disallowance. Here’s what to do:
Identify which quarters are under audit, what documentation is required, and the response deadline (usually around 30 days).
Prepare all supporting materials, including:
In most cases, the IRS will issue a Form 4564 audit request — also referred to as a form 4564 information document request or IRS Letter 4564.
This document lists every piece of evidence the IRS expects to see. Be sure to respond to every item listed. Missing even one category of records can delay your case or lead to disallowance.
Submit all requested materials by the due date, clearly labeled and organized. If you need extra time, you can request an extension before the deadline.
Experienced ERC attorneys and tax professionals know how to communicate effectively with the IRS, structure responses, and anticipate potential ERC disallowance arguments. A well-crafted reply can significantly improve your outcome.
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No. Letter 6612 is an audit notice, not a disallowance letter. It means the IRS needs more information before deciding. A disallowance would come later through a Letter 105C or Letter 106C if the IRS ultimately denies your claim.
IRS Form 4564, sometimes referred to as IRS Letter 4564, is the Information Document Request (IDR) used during audits. It lists specific documents you must provide, such as payroll reports, financial statements, and proof of government shutdowns.
Typically, the IRS gives about 30 days to reply. Always check your letter for the exact due date, and request an extension early if you need more time.
If you fail to respond, the IRS may deny your ERC claim outright and issue an employee retention credit disallowance letter. You could also face repayment demands plus penalties and interest.
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