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Accountant filed my tax return without obtaining my signature: is this legal?

I hired an accountant to help with my 2022 taxes since I'm self-employed and pay quarterly estimated taxes. I also wanted guidance on my quarterly payment amounts going forward. He initially told me I only needed to pay about $1,000 quarterly, which was significantly less than the $2,000 I've been paying. I was surprised and asked if I'd be getting a refund. On April 15th when he finished my return, I paid to view it and discovered I wasn't getting a federal refund - my quarterly payments were actually pretty accurate for what I owed in 2022. This confused me. If I'm making roughly the same income this year, why would my estimated payments suddenly drop so much? I emailed him multiple times about this, but communication has been frustrating. He takes forever to respond and only addresses some of my questions. He never clarified what I should pay for state taxes. At one point, he suggested $625 quarterly payments, which seemed way off. I deliberately didn't sign the Form 8879 because I wanted to resolve these inconsistencies before filing. After not hearing back, I filed a complaint with the BBB (he already has several similar complaints). He finally responded saying I should pay what I had originally expected, claiming he was confused because I had multiple 1099s. By then, I'd already made my first quarter payment based on his incorrect advice, and that deadline passed over a month ago. He also left me a voicemail at 8:00 PM on a Saturday night, which seemed unprofessional. The kicker? When I tried filing my taxes through another service, they were rejected because this accountant had already filed my return WITHOUT getting my signature on the 8879 form! Is this normal practice? Can accountants submit returns without your signature? I wasn't trying to be difficult - I just wanted accurate information.

Harper Hill

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I'm really sorry you're going through this nightmare situation. As someone who works in financial compliance, I can confirm that what your accountant did is absolutely unacceptable and likely violates multiple professional standards and IRS regulations. The unauthorized filing is particularly egregious - Form 8879 exists specifically to prevent this exact scenario. Your signature is legally required before any electronic submission, and there are no exceptions to this rule. The fact that your return was rejected when you tried to file elsewhere creates clear evidence that he violated this requirement. Regarding the quarterly payment confusion, your instincts were absolutely correct. For self-employed individuals with consistent income, estimated tax payments shouldn't fluctuate dramatically without major changes in business structure or deductions. His excuse about being "confused by multiple 1099s" is concerning since handling various income sources is fundamental tax preparation work. I'd strongly recommend contacting the IRS Taxpayer Advocate Service (877-777-4778) in addition to filing Form 14157. They specialize in helping taxpayers resolve issues like unauthorized filings and can often expedite the process. If your accountant is an Enrolled Agent, also report him to the IRS Office of Professional Responsibility. Don't let him make you feel like you were being difficult - asking for clarification before signing is exactly what responsible taxpayers should do. You handled this situation properly, and his unprofessional response (including that inappropriate Saturday night voicemail) only reinforces that you made the right call by not signing. Document everything and keep pushing forward with your complaints. This pattern of behavior needs to be reported to protect other taxpayers.

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Malik Davis

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This whole situation is absolutely infuriating to read about. As someone who's dealt with tax issues before, I can't believe the audacity of this accountant. Filing without your signature is not just unprofessional - it's potentially illegal and definitely a violation of IRS regulations. What really bothers me is how he tried to gaslight you into thinking you were being difficult for asking legitimate questions. Any competent tax professional should be able to explain their calculations clearly, especially for something as straightforward as quarterly estimated payments. The fact that he couldn't give you a straight answer about why your payments would suddenly drop by 50% is a huge red flag. I'm glad you trusted your instincts and didn't sign the 8879 form. That decision probably saved you from even bigger headaches down the line. The fact that he went ahead and filed anyway shows he has zero respect for professional boundaries or your rights as his client. Definitely pursue all the complaint avenues people have mentioned - Form 14157, the Taxpayer Advocate Service, and your state board. This guy clearly has a pattern of problematic behavior based on the existing BBB complaints, and he needs to be held accountable before he does this to other people. You handled this situation perfectly and shouldn't doubt yourself for a second. Asking for clarity before signing important tax documents is exactly what every taxpayer should do.

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This is absolutely unacceptable and you're dealing with serious professional misconduct. I'm a CPA and can tell you that what this accountant did violates multiple IRS regulations and professional ethics standards. First, filing your return without a signed Form 8879 is illegal - period. That form exists specifically to authorize electronic filing, and no preparer can submit a return without it. The fact that your return was rejected when you tried to file elsewhere proves he violated this requirement. Second, his inability to provide clear explanations about your quarterly payments despite multiple requests shows either incompetence or negligence. Any experienced tax professional should be able to walk you through estimated tax calculations, especially for straightforward self-employment situations. Here's what you need to do immediately: 1. File Form 14157 with the IRS to report the unauthorized filing 2. Contact the IRS Taxpayer Advocate Service at 877-777-4778 - they handle exactly these situations 3. Report him to your state's board of accountancy if he's licensed 4. If he's an Enrolled Agent, report to the IRS Office of Professional Responsibility 5. Document all communications and any financial impact from his bad advice The Saturday night voicemail and poor communication pattern you described, combined with existing BBB complaints, suggests this is ongoing misconduct. Your complaints could protect other taxpayers from similar experiences. You did absolutely nothing wrong by asking for clarification before signing - that's exactly what responsible taxpayers should do. Don't let him make you feel otherwise.

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Emma Davis

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This is incredibly helpful advice from someone with professional credentials. I'm definitely going to follow all of these steps, starting with the Taxpayer Advocate Service call today. One question - when I file Form 14157, should I include copies of all the email exchanges where he failed to respond to my questions about the quarterly payments? I have a pretty clear timeline showing how he avoided addressing my concerns, then suddenly "remembered" the correct advice only after I filed the BBB complaint. Also, I'm wondering if I should wait to engage another tax professional until this gets sorted out, or if I should find someone new immediately to review what was actually filed? I'm worried about making the situation more complicated, but I also don't want to let this drag on if there are other errors in the return he submitted. Thank you for confirming that asking for clarification was the right thing to do. This whole experience has been so frustrating and it helps to know I wasn't being unreasonable.

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Form 3520 Filing Questions for Foreign Gift Real Estate Over $100,000 - Need Help!

I recently found out I might need to file Form 3520 for reporting a foreign gift and I'm completely lost with several questions about this process. First, I received property overseas from my aunt that's worth around $130,000. Does this mean I definitely have to file Form 3520 since it exceeds $100,000, even though it's just real estate and not cash? Also, my tax guy (who admitted he doesn't know much about this form) claimed I'll need to file this every single year going forward like FBAR, even if I don't receive any more gifts. That seems weird to me - is that really true? I'm currently staying abroad and the deadline is coming up in less than two weeks. Can I submit this electronically somehow? If I have to mail it, how will I know the IRS actually received it? For the address section, should I use the same one from my tax return (my permanent US address) or my current foreign address where I'm actually staying? I'm worried about missing any communications since this form doesn't seem to have a spot for email like my regular tax return. If my regular taxes were done by a paid preparer, do they have to handle this form too, or can I just fill it out myself? Also curious - if the property gift is from a US citizen relative but the property itself is in another country, do I still need to report it on Form 3520? There's conflicting info everywhere and the IRS website is super vague. What's the difference between "initial return" and "final return" checkboxes? Which one applies when the property transfer is already completed? And finally, for a single real estate gift, do I need to include any attachments with the form? Thanks so much for any help you can offer!

NebulaNinja

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Quick question about mailing Form 3520 - does it need to be attached to my regular tax return or sent separately? I already filed my taxes for the year but just found out about this form requirement.

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Javier Gomez

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If you've already filed your tax return, you'll need to send Form 3520 separately. Make sure to include a copy of your filed tax return with it so the IRS can match them up. But don't file an amended return just for this - Form 3520 is filed separately even though it's due on the same date as your regular return.

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Molly Hansen

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I see there's been some great advice here already, but I wanted to add a few clarifications based on my experience with Form 3520 filings: Regarding the "initial return" vs "final return" checkboxes you asked about - for a completed property gift like yours, you would check "initial return" since this is your first time reporting this particular foreign gift. The "final return" option is typically used when you're filing a final report for a foreign trust that's being terminated. Also, just to reinforce what others have mentioned about the filing requirement - the key distinction is whether the gift is FROM a foreign person, not whether it's foreign property. Since you mentioned your aunt gave you the property, her tax status (US citizen, resident, or foreign person) determines whether you need to file Form 3520 at all. One thing I haven't seen mentioned yet is that if you do need to file, make sure you're using the most current version of Form 3520. The IRS updates these forms periodically, and using an outdated version can cause processing delays. Given that you're working with tight deadlines and the complexity of this form, it might be worth considering professional help from a tax attorney or CPA who specializes in international tax matters, especially given the steep penalties for incorrect or late filing (up to 35% of the gift value).

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You could also try calling the IRS directly at 800-829-1040. They might be able to help if you've made reasonable efforts to get the form from the non-profit. I had to do this once when a client refused to send me a 1099.

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Ava Johnson

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Calling the IRS is almost impossible these days. Tried last month and was on hold for 2+ hours before giving up. Their phone systems are overwhelmed.

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For future reference, you might want to request the 1099 in writing (email counts) when you finish the work, rather than waiting until tax season. I learned this the hard way after a similar experience. Also, don't forget that you can deduct business expenses related to your consulting work on Schedule C - things like mileage to their office, office supplies, software you used for the project, etc. Even without the 1099, those deductions can help offset some of the self-employment tax burden on that $4K income. Keep detailed records of everything - your invoices, their payments, any expenses, and your communication attempts. The IRS cares more about accurate reporting than having the physical forms.

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This is really helpful advice! I wish I had known about requesting the 1099 upfront. Quick question - for the business expenses on Schedule C, do I need receipts for everything or are there any standard deduction amounts I can use? I definitely have mileage records but not sure about some of the smaller office supply purchases.

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psst... call your local tax advocate. they can tell you exactly wuts happening

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Micah Trail

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good luck getting thru tho. been on hold for 2 hrs today already

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Sean Kelly

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Been dealing with this exact same issue! My transcript shows 846 code but WMR is still stuck on "processing" - it's so frustrating when you need that money ASAP. From what I've learned lurking here, if your transcript doesn't show "DPC" next to the 846 code, you're probably getting a paper check. Also check if there's any freeze codes (like 971 or 570) that might indicate why they switched from DD to check. The IRS systems are definitely not synced up properly between transcript and WMR updates šŸ™„

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Lourdes Fox

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@Sean Kelly this is super helpful! I didn t'know about the DPC thing next to the 846 code. Just checked my transcript and no DPC so looks like I m'getting a check too šŸ˜” Do you know roughly how long it takes for the check to arrive once the 846 code shows up? I m'in the same boat needing this money urgently

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has anyone read the book "treasure islands" by nicholas shaxson? it has some great detailed examples of cayman arrangements. there's a whole chapter on how citibank set up structured investment vehicles in the caymans before the 2008 financial crisis. the author also explains how investment banks create "orphan companies" in the caymans that technically aren't owned by anyone but still funnel profits back to the parent company. crazy stuff!

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Dylan Wright

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That book is fantastic! There's also "The Hidden Wealth of Nations" by Gabriel Zucman that goes deep into the numbers. Estimates that 8% of global financial wealth is in tax havens with the Caymans being one of the biggest.

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Ethan Wilson

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Great recommendations everyone! I'd also suggest checking out the Senate Permanent Subcommittee on Investigations reports - they've published several detailed studies on tax haven abuse that include specific Cayman Islands case studies. One report from 2008 called "Tax Haven Banks and U.S. Tax Compliance" goes into detail about how UBS and other banks helped U.S. clients set up Cayman structures. Another from 2013 examines Apple's use of Irish subsidiaries that were tax residents of nowhere (including Cayman connections). The Congressional Budget Office also publishes data on U.S. companies' foreign profits by jurisdiction. Their 2017 report shows that U.S. multinationals reported about $70 billion in profits from the Cayman Islands despite the tiny economy there - a clear indicator of profit shifting. For a more recent angle, look into how private equity firms use Cayman structures. The Wall Street Journal has done several investigative pieces showing how firms like Blackstone and KKR route investments through Cayman entities to minimize taxes for their wealthy investors.

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Chloe Davis

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This is exactly the type of detailed sourcing I was hoping for! The Senate subcommittee reports sound particularly useful since they'd have access to information that might not be publicly available otherwise. Do you know if those reports are easily accessible online, or do you need to go through some government database? Also really interested in the private equity angle - hadn't thought about how PE firms might use these structures differently than regular corporations.

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