Published June 5, 2023

In a surprising twist, investment funds have found a profitable opportunity by leveraging the Internal Revenue Service (IRS). Prominent firms like Marblegate Asset Management, Brevet Capital Management, Owl Creek Asset Management, and a fintech company backed by George Soros are purchasing tax refunds that many businesses are still awaiting from the $2.2 trillion pandemic stimulus package. Furthermore, these firms are offering advances for the employee-retention credit, a measure introduced by Congress to ensure the flow of wages in early 2020.

Surging Demand for Refunds and IRS Scrutiny

The expansion of retroactive refund requests by Congress in 2021 has led to a significant increase in demand. Self-proclaimed experts, through an aggressive advertising campaign, have claimed to help businesses secure these credits. Consequently, the IRS has been overwhelmed with a multitude of ineligible or fraudulent claims. In response, the IRS recently issued a warning about employee-retention scams and has implemented a thorough review process for refund requests before releasing funds. Investment firms have seized this opportunity by providing advances to employers in need of immediate capital.

Lou Gonzalez, the CEO of Valiant Capital, a firm that has facilitated advances of up to $200 million for fund managers, remarked, “When the IRS is taking longer”, there is a more active marketplace. People realize they can’t afford to wait for 10 months.

Eligibility and Funding Process

Companies ordered to close during the pandemic can claim up to $26,000 for each job they retained during the shutdown. Businesses that continued paying wages despite significant losses are also eligible for these credits. Investors typically offer funding by purchasing claims from employers at 80 to 90 cents on the dollar. Once the IRS approves the claim, the employer sends the full refund amount to the fund. However, if the IRS denies or reduces the refund, the employer is responsible for covering the shortfall.

Firms Involved and Expansion into Employee-Retention Claims