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Bottom Line Concepts, LLC

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ERC
Type
Company or group
Role
Vendor or contractor
Programs
ERC
Updated
  • Type: Consulting firm; "a Florida limited liability company," in the words of its own client agreement.1 Also styled BottomLine Concepts and Bottomline Concepts in the documents cited here.
  • Pandemic role: Contingency-fee consultant on Employee Retention Credit (ERC) claims. Not a lender, and by the terms of its agreement not a tax preparer.
  • Executive named in the record: Josh Fox, who signed the agreement below as "CEO" and is identified as the company's founder in a July 2022 partner press release.23
  • Documents on this site: one executed client agreement (2022), the school board memo that accompanied it, a referral network's commission plan, and a partner press release.

In the archive


Role in pandemic relief

  • Reader shorthand: an ERC consultant paid a percentage of the client's refund.
  • What it did for clients: under the 2022 client agreement, it identified and calculated the credits available to a client, prepared a worksheet and amended tax schedules, and agreed to explain the claim if the IRS audited it.1
  • What it did not do: "BOTTOM LINE DOES NOT PROVIDE TAX ADVICE, TAX FILINGS, OR CPA SERVICES."4
  • How it was paid: in this agreement, "a contingency Fee of 20% of all Credits received by Client, including the actual ERC refund and interest paid."5
  • How it found clients: through referral partners, under a program that offered them a share of its fee.6 Its channels were its own Referral Partner Program, which its chief executive put at "40,000+ affiliates" in 2023, celebrity promotion by Kevin O'Leary, a trade association partnership, and a multi-level referral plan run by a company called iHub.378
  • Limits of this record: it is one signed contract with one client. It shows the terms Bottom Line offered a Nevada charter school in September 2022 and does not establish what any other client signed or paid.

Before the pandemic

The agreement identifies Bottom Line Concepts, LLC as a Florida limited liability company and is governed by Florida law.14 A July 13, 2022 PR Newswire release issued by NCTC records Fox as saying that "Since 2009 BLC has been helping Fortune 1000 companies right down to businesses with five employees".3 That is the company's own statement; no document cited here records its pre-2020 business independently.

During the pandemic

The Amplus Academy agreement

The one Bottom Line client agreement we have became public through a school board. Nevada's Open Meeting Law required the Governing Body of Amplus Academy to post the backup materials for its October 24, 2022 meeting. Another contract in the same packet calls the school "a Nevada public charter school"; its campus is in Las Vegas. Item 4(c) of the consent agenda was the "Bottomline Concepts Contract."9 The 48-page packet contains the five-page "Consulting Agreement" between Bottom Line Concepts, LLC and Nevada Charter Academies, dated September 7, 2022. It also contains a PandaDoc signature certificate showing that the school's signer was sent the document on September 7 and signed it on September 21, 2022.12 The signature page carries "By: Josh Fox, Title: CEO" for Bottom Line. The certificate tracks only the school's signer, so the record does not show when Bottom Line signed.2

The memo the school's interim managing director wrote for the board describes the deal in six sentences. "ED met with representatives of Bottomline Concepts and reviewed the potential rebate from ERC. Receiving this rebate is similar in complexity to the PPP funding which is why we would use an outside vendor to complete the application and follow up on the refund. BC charges a percentage of monies collected (20%). This contract does not cost Amplus any money. If BC is unable to secure the rebate there is no money lost. Counsel reviewed and approved execution of this contract."10

The terms

The scope is five items. Bottom Line agreed "to use all commercially reasonable efforts" to identify the credits "which may be available to Client," obtain and analyze client information such as payroll data and employer healthcare costs, calculate the credits, deliver a worksheet and "applicable amended tax schedules," and provide audit support.1 The recital says Bottom Line "offers consultation for the recovery of Employee Retention Tax Credits ('ERC') pursuant to the Coronavirus Aid Relief and Economic Stimulus Act," which is the agreement's own rendering of the CARES Act's name.1

The fee is 20 percent of all credits received, interest included. Credits count as received "whether those Credits are in the form of an actual cash/check payment or whether those Credits are offset by the IRS against any existing or future tax liability." Payment is due within five days of the client receiving any credit, and an unpaid fee accrues interest at 1.5 percent a month.5

The agreement is exclusive. The client agrees that Bottom Line is its "exclusive provider of ERC consultant services" and that it will not obtain credits through another entity, or on its own behalf, without Bottom Line's written consent. "Should Client receive any Credits without using Bottom Line's services, Client shall be required to pay Bottom Line its Fee as though the Credits were obtained pursuant to this Agreement."11

Either party may end the agreement on 30 days' written notice. Four sections survive "any termination by Client": exclusivity, fees, indemnification and audit support. The exclusivity and fee sections each add that they survive "if such termination was noticed by Client."111

On eligibility, the client represents that it will provide "complete and accurate documentation sufficient to substantiate Client's eligibility for the Credits" and acknowledges that Bottom Line "is relying solely upon the information and representations provided by Client" and "is not able to independently verify the accuracy of any such information or documents." The client indemnifies Bottom Line for losses "arising from errors or omissions in the information Client provides." Bottom Line indemnifies the client for losses "arising from any of Bottom Line's willful, intentional, or negligent conduct in performing the Services." Each party's indemnification liability is capped at "the amount of Fees actually paid by Client," and neither is liable for "consequential, incidental, or indirect damages (excluding Credits)."12

Bottom Line "will refund any portion of the Fee attributable to Credits disallowed by the IRS," provided it receives reasonable notice of the audit and the opportunity to provide audit support. The agreement defines audit support as explaining the basis for the credits: a justification for eligibility, the calculation method, and how the client's data was used.4

On request the client "shall execute Form 2848, Power of Attorney, for the limited purpose of Bottom Line checking on the status of the Credits." Disputes go to mandatory arbitration under the American Arbitration Association's Commercial Arbitration Rules, in "the State of Florida, Miami-Dade County, or the state and county of Client's primary place of business."4 The confidentiality section lets Bottom Line identify the client on its website and in marketing materials and display the client's logo.13

How clients reached the company

A PR Newswire release issued by NCTC on July 13, 2022 announced a partnership giving the cooperative's members access to the ERC program through BottomLine Concepts. 3

Bottom Line also ran its own Referral Partner Program. The company's program graphic, reproduced in a 2023 class-action complaint, worked a 200-employee business through a $2,000,000 refund: a 25 percent Bottom Line fee of $500,000, of which the referral partner gets 10 percent, or $50,000. The complaint says a partner who recruits another partner earns an additional 5 percent on that partner's introductions.6 Josh Fox, the chief executive, told Leaders magazine in 2023: "We have 40,000+ affiliates championing this program on our behalf across the country," and named Kevin O'Leary among "exceptionally famous brand ambassadors who have massive followings."8 The complaint alleges that O'Leary and Bottom Line were partners in WonderTrust, "an entity used for advertising and booking ERC calls with BLC"; WonderTrust's own site said it was "Powered by Bottom Line Concepts and Kevin O'Leary."614 The complaint also alleges that the company trained partners through a "BLC Academy," gave them e-mail templates and scripts linking to its sites, and encouraged them to "do cold calling, cold email, direct mail, various forms of online marketing, or whatever you are most comfortable with."6

A March 2, 2023 Newsfile release credited to "Plentisoft" announced an ERC "application service" from BottomLine Concepts, listed Alonso Colina as the contact at Bottom Line's North Miami Beach address, and sent readers to a referral-tracking link, bottomlinesavings.referralrock.com/l/ALONSOCOLI58.15

A second channel was referral marketing. A ten-page "IHUB ERC Commission Plan," published on the iHub website, describes itself as a plan "that rewards you for referring businesses that are interested in learning about their ability to qualify for ERC to Bottom Line Concepts."7 According to the plan, commissions are calculated on "the Bottom Line Concepts fee charged to the business which ranges from 15-30% of the refund/grant," a fee "determined and decided by Bottom Line based on the size of the business and other factors in their model."7 The referring affiliate receives 17 to 20 percent of that fee depending on rank, the person who enrolled the affiliate receives 5 percent, and affiliates at the rank of Senior Consultant or higher are eligible for a 1 percent "Infinity Bonus." The plan's worked example is a $300,000 refund with a 20 percent fee, a $60,000 fee of which $10,200 to $12,000 goes to the referring affiliate.16 The plan says its examples rest on "average refunds and negotiated fees supplied from Bottom Line concepts from their results with over 15,000 businesses."7

The plan is iHub's own account of Bottom Line's fees and volumes. iHub's affiliate terms say iHub Inc., a Delaware corporation, signed a "Referral Partner Agreement, dated October 18, 2022" with Bottom Line; we found no copy of the agreement itself.17 The 20 percent fee in the Amplus agreement falls inside the 15 to 30 percent range the plan describes. The plan's 17 to 20 percent affiliate share compares with the 10 percent shown in Bottom Line's own referral graphic.6

Scrutiny and litigation, 2023–2026

On July 27, 2023, the House Ways and Means Subcommittee on Oversight held a hearing on the Employee Retention Credit. Larry Gray, a Missouri CPA, testified that he had given "3rd-party ERC mills" information from a business he knew did not qualify, and that "in all cases, they say my business qualifies for ERC." He then quoted service agreements he had received from those firms. The first was Bottom Line's: "By providing the information herein and signing below, Client acknowledges and attests that it is eligible to claim the Employee Retention Credit..."18 His testimony does not say what Bottom Line told him.

In April 2024 NBC News called Miami-based Bottom Line Concepts "one of the heaviest advertisers" of ERC services and reported that Fox did not respond to its messages.19

Federal dockets show eight suits against Bottom Line under the Telephone Consumer Protection Act, which restricts unsolicited calls and prerecorded messages, filed from April 2023 to December 2024 in California, Texas, Florida, Pennsylvania, New York and Kansas. All eight were closed by May 2025. In one, Martin v. Bottom Line Concepts, LLC (S.D.N.Y. No. 1:23-cv-08510), the complaint concerned a ringless voicemail that used Snoop Dogg to promote the credit; Bottom Line argued that the message promoted a competitor, and the court denied its motion to dismiss on March 14, 2024.20 The complaint says the voicemail sent listeners to ERCENROLL.COM, and that the number that left it answered, "thank you for calling the Employee Retention Hotline brought to you by BottomLine Capital." It alleges BottomLine Capital is a Bottom Line trade name whose website said "powered by Bottom Line Concepts" until the suit was filed, or else one of its referral partners.6 The plaintiff dismissed the case voluntarily, without prejudice, on May 14, 2024.21 Another, Rojas v. Bottom Line Concepts LLC (C.D. Cal. No. 2:23-cv-02667), named Josh Fox as a defendant alongside the company and later added marketing firms, including a Puerto Rico company, Unplugged Media. The amended complaint says Unplugged Media's name appeared in the privacy policy of the website bottom-lineconcepts.com.22 Rojas dismissed Bottom Line and Fox with prejudice on September 14, 2023.23 He kept suing the marketers, and on May 7, 2025 the court entered a default judgment of $61,500 in statutory damages against Unplugged Media, Alexander Bykhovsky, two companies named Chris Biz Services, Christopher Gutierrez Cuenza and Alex Gold Holdings.2425

Bottom Line has also sued businesses for breach of contract: Panorama Mortgage Group (S.D. Fla. 2023, dismissed on March 27, 2023 with the court keeping jurisdiction to enforce a settlement), four Celebrity Motor Cars dealership companies (S.D. Fla. 2025, closed July 2026), and, in 2026, Harris Adamson Home, LLC and DSWC, Inc. with two affiliates, both cases removed to federal court in Maryland and open when checked. The docket entries available to us do not describe the contracts.23 A bankruptcy adversary proceeding, Lassman v. Bottom Line Concepts, LLC dba Bottom Line Savings (Bankr. D. Mass. No. 25-01153), was filed on October 30, 2025 and was open when checked.23

What the record does not show

The board packet was posted before the October 24, 2022 vote, and the minutes of that meeting are not among the documents cited here. Nor does the record show whether the school filed a claim, what credit it received, what fee it paid, or whether a Form 2848 was ever requested or signed. The court cases listed above are private suits; none is a government enforcement action.

Source notes

Primary documents

External references

Notes

  1. Consulting Agreement between Bottom Line Concepts, LLC and Nevada Charter Academies, recital and §§ A–B, board packet PDF p. 9, Amplus Academy Governing Board, board meeting packet, October 24, 2022. ↩
  2. Agreement signature page, board packet PDF p. 13; PandaDoc Signature Certificate, reference SNAYR-BEOU5-PPAVB-I5YWL, PDF p. 14 (sent September 7, 2022 17:51:05 UTC; signed September 21, 2022 17:43:59 UTC). ↩
  3. NCTC release via PR Newswire, July 13, 2022, as captured in NCTC Partners with BottomLine Concepts to Offer Members One-Stop Access to CARES Act Employee Retention Credit Program. ↩
  4. Agreement §§ H–I, board packet PDF p. 12. ↩
  5. Agreement § D, board packet PDF p. 10. ↩
  6. Martin v. Bottom Line Concepts, LLC, No. 1:23-cv-08510 (S.D.N.Y.), First Amended Complaint, Doc. 15 (Nov. 13, 2023), ¶¶ 18–29 (referral program, graphic, O'Leary and WonderTrust, training and cold-calling instructions) and ¶¶ 32–37, 49–50 (the voicemail, the hotline and BottomLine Capital); allegations. ↩
  7. iHub, IHUB ERC Commission Plan, p. 1, ERC Opportunity — The iHub ERC Commission Plan (Bottom Line Concepts Fee); the fee range is repeated at pp. 9–10. ↩
  8. "LEADERS Interview with Josh Fox, Founder and Chief Executive Officer, Bottom Line Concepts," Leaders magazine (2023) — original: https://www.leadersmag.com/issues/2023.2_Apr/Purpose/LEADERS-Josh-Fox-Bottom-Line-Concepts.html ↩
  9. Amplus Academy, Notice of Public Meeting and agenda, October 24, 2022, board packet PDF pp. 1–2; "a Nevada public charter school" appears in an unrelated services agreement at PDF p. 37. ↩
  10. Briefing Memorandum, "Agenda Item 4 – Consent Agenda," October 24, 2022, item C, board packet PDF p. 4. ↩
  11. Agreement § C, board packet PDF p. 10. ↩
  12. Agreement § E, board packet PDF pp. 10–11. ↩
  13. Agreement § G, board packet PDF p. 11. ↩
  14. WonderTrust, home page (gowondertrust.com), Internet Archive copy of Feb. 27, 2025 — original: https://gowondertrust.com/ ↩
  15. Newsfile Corp., "Employee Retention Credit Claims Application Service Announced By BottomLine Concepts," source: Plentisoft (Mar. 2, 2023) — original: https://www.newsfilecorp.com/release/154721 ↩
  16. IHUB ERC Commission Plan, pp. 3–5 and the "Compensation Summary" at p. 9. ↩
  17. iHub Global, "iHUB ERC Program Participation Agreement," § 2 (read Sept. 30, 2026) — original: https://erc.ihub.global/page/erc-tos ↩
  18. Statement of Larry Gray, CPA, CGMA, House Committee on Ways and Means, Subcommittee on Oversight, hearing "The Employee Retention Tax Credit Experience: Confusion, Delays, and Fraud," July 27, 2023, pp. 1–2. ↩
  19. Laura Strickler and Ken Dilanian, "Bogus 'tax service specialists' duped business owners in latest Covid relief debacle, IRS says," NBC News, April 16, 2024. ↩
  20. Eric J. Troutman, "RAW DOG: Bottom Line Concepts Stuck in TCPA Class Action Over Snoop Dogg 'Approved' Message," TCPAWorld, March 15, 2024 (reporting Martin v. Bottom Line Concepts, 2024 WL 1119982); docket, S.D.N.Y. No. 1:23-cv-08510, closed May 15, 2024. ↩
  21. Martin v. Bottom Line Concepts, LLC, docket entry 41, notice of voluntary dismissal (May 14, 2024), CourtListener RECAP docket index — original: https://www.courtlistener.com/docket/67833435/martin-v-bottom-line-concepts-llc/ ↩
  22. Rojas v. Bottom Line Concepts LLC, No. 2:23-cv-02667 (C.D. Cal.), Amended Complaint, Doc. 12 (Aug. 16, 2023), ¶¶ 9–12, 47, 61–62 — original: https://storage.courtlistener.com/recap/gov.uscourts.cacd.881087/gov.uscourts.cacd.881087.12.0.pdf ↩
  23. Federal court dockets as indexed by CourtListener's RECAP archive, read September 27, 2026: TCPA suits C.D. Cal. No. 2:23-cv-02667 (filed April 8, 2023, closed May 7, 2025), W.D. Tex. No. 3:23-cv-00180, S.D. Fla. No. 1:23-cv-21862, M.D. Pa. No. 4:23-cv-01193, S.D.N.Y. No. 1:23-cv-08510, D. Kan. No. 2:23-cv-02493, S.D. Fla. No. 1:24-cv-21275 and M.D. Fla. No. 8:24-cv-02791; contract suits S.D. Fla. No. 1:23-cv-20295 (ECF 14), S.D. Fla. No. 1:25-cv-20720, D. Md. No. 8:26-cv-02063 and D. Md. No. 8:26-cv-02200 (removed from the Circuit Court for Montgomery County, No. C-15-CV-26-002296); Bankr. D. Mass. Adv. No. 25-01153. ↩
  24. Rojas, Order granting motion for default judgment, Doc. 108 (Apr. 30, 2025) — original: https://storage.courtlistener.com/recap/gov.uscourts.cacd.881087/gov.uscourts.cacd.881087.108.0.pdf ↩
  25. Rojas, Final Judgment, Doc. 111 (May 7, 2025) — original: https://storage.courtlistener.com/recap/gov.uscourts.cacd.881087/gov.uscourts.cacd.881087.111.0.pdf ↩
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