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Enrolled agent I hired completely botched my tax situation. What are my options now?

I'm at a total loss about where to turn next. I paid a professional to help with my tax situation, but I feel like they've completely dropped the ball, and now I'm not sure if I need tax advice, legal help, or something else entirely. Here's what happened: Back in January 2023, I hired an Enrolled Agent (found them through the National Association of Enrolled Agents website) for two specific reasons: 1. I hadn't filed tax returns for several years, even though taxes were withheld from my paychecks. I wanted them to review my old W-2s, figure out how much I owed the IRS, and represent me in setting up either a lump sum payment or a payment plan. 2. I also needed them to handle my 2022 tax return filing. I paid a $1,250 retainer fee upfront and handed over all my past W-2s. Since then, they've done absolutely nothing on resolving my past tax issues. Their excuse? They'd have to file paper returns and claimed IRS employees were all working remotely due to staffing issues, so paper returns weren't being processed. Maybe that was true in January, but it's definitely not the case now. All they did was give me a rough estimate that I'd owe around $10,500 to the IRS. When I initially hired them, I signed a Form 2848 (Power of Attorney and Declaration of Representative) which allowed them to access my IRS records, disclose to third parties, and add representatives. But it specifically DID NOT authorize them to sign my tax return. Here's where it gets worse - they e-filed my 2022 return without ever letting me review or sign it! They only sent me Form 9325 (Acknowledgement for Electronically Filed Returns) dated 3/20/23, yet the filing deadline was 3/15/23. They claim it was filed on time, but I never even saw what was submitted in my name. What options do I have now? Can I report them somewhere? Should I get a lawyer?

Had something similar happen to me. The first thing you need to do is get a copy of your Wage and Income Transcript and your Account Transcript from the IRS. These will show what's been reported under your SSN and what returns have been filed. You can request these online at irs.gov/transcripts. Once you see what's actually been filed, you'll have a better idea of what you're dealing with. If what was filed is incorrect, you may need to file Form 14157 (Complaint: Tax Return Preparer) AND possibly Form 14157-A (Tax Return Preparer Fraud or Misconduct Affidavit).

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I think the important thing here that others haven't mentioned is checking if what was actually filed was ACCURATE. If the returns they filed are correct, even though they didn't have permission to file, it might be simpler to just accept them and move on to fixing the unfiled years.

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This is absolutely unacceptable professional conduct. As someone who's dealt with IRS issues before, I can tell you that what your EA did - filing your return without your review or signature - is a serious violation that could have major consequences for you. Here's what I'd recommend doing immediately: 1. **Get your transcripts ASAP** - Request your Wage & Income Transcript and Account Transcript from the IRS online. This will show exactly what was filed under your SSN and when. 2. **Document everything** - Keep records of all communications with this EA, your original agreement, and the fact that you never signed Form 8879 for e-filing authorization. 3. **File complaints** - Report them to both the IRS Office of Professional Responsibility AND the National Association of Enrolled Agents. This behavior needs to be on record. 4. **Consider legal action** - Filing tax returns without authorization could potentially be fraud. You might want to consult with a tax attorney, especially since you paid $1,250 for services that weren't properly rendered. The silver lining is that with years of withholding from your paychecks, you may actually be due refunds rather than owing money. Don't let this bad experience discourage you from getting your tax situation resolved properly - just make sure you work with a reputable professional this time who will actually communicate with you and follow proper procedures. You deserve better than this, and there are good tax professionals out there who will treat your situation with the care and transparency it deserves.

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Dylan Cooper

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This is really helpful advice, especially about getting the transcripts first. I'm new to dealing with tax issues like this, but it sounds like documenting everything is crucial. One question - if the EA did file accurate returns (even without permission), would that actually help or hurt when filing complaints against them? I'm wondering if the IRS or NAEA would take it less seriously if the returns themselves were correct, even though the process was completely wrong.

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Has anyone successfully gotten the IRS to remove these penalties? I'm in a similar situation after selling some land last year and got hit with a $2,800 penalty even though I paid everything I owed by April.

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Yes! I got a first-time penalty abatement last year. If you haven't had penalties in the previous 3 tax years, you can often get them to waive it. Just call and specifically ask for a "first-time penalty abatement" under their administrative waiver policy. I literally just said those words and they removed my $1,900 penalty on the spot!

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I went through this exact same situation two years ago when I sold my small business. The frustration is real - you pay a massive tax bill and then get hit with penalties on top of it! What helped me was understanding that the IRS views this as "pay as you go" rather than "pay by the deadline." Even though it feels unfair for one-time events, the system treats all income the same way. A few things that might help: First, definitely look into the first-time penalty abatement if you haven't had penalties in the past 3 years. Second, you can also request reasonable cause relief by explaining that this was an unexpected one-time transaction. I filed Form 843 with a letter explaining my situation and got about 60% of my penalty removed. For future reference, when you have large capital gains, you generally need to make the estimated payment by the end of the quarter when the transaction occurs. So if you sold in Q3, the payment would have been due September 15th. It's annoying but now you know for any future large transactions!

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This is really helpful information! I'm curious about the Form 843 process you mentioned. How long did it take to hear back from the IRS after you submitted it, and did you need to provide any specific documentation beyond just explaining the situation? I'm dealing with something similar and want to make sure I include everything they might need to consider my request.

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Yuki Tanaka

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Has anyone filed Form CT-3-S for NY? I have an S-Corp (not an LLC) in New York but live in Connecticut, and I'm totally confused about what I need to file where. The NY website is so complicated!

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Carmen Diaz

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Yes, I have experience with CT-3-S. For S-Corps in NY with non-resident owners, you need to file both the CT-3-S at the entity level and then you personally need to file the IT-203 nonresident return to report your share of NY source income. It's more complicated than LLC pass-through taxation.

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This is exactly the kind of multi-state tax complexity that trips up so many LLC owners! Based on your situation, here are the key points: Since you're a Colorado resident performing all work in Colorado, that's where you'll owe state income taxes on the LLC income - regardless of where the LLCs are registered. Colorado will tax you on your worldwide income as a resident. For Delaware: Good news! Delaware generally doesn't tax income from LLCs that don't have physical presence in the state. You'll just need to pay the annual franchise tax ($300) to maintain registration. For New York: This is trickier. If your NY LLC has any nexus to New York (clients there, meetings there, property there), you might need to file NY returns. Even if you don't owe NY tax because you're not a resident, you may still need to file informational returns. One thing to watch out for: Make sure you're not creating unintended nexus by having business bank accounts, registered offices with mail forwarding, or conducting any business activities in DE or NY. I'd recommend consulting with a multi-state tax professional to review your specific situation, especially given the complexity of nexus rules. Each state interprets "doing business" differently, and you want to avoid any compliance issues.

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Chloe Taylor

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This is really helpful advice! I'm in a similar situation with a Delaware LLC but working from home in Texas. One follow-up question - you mentioned being careful about business bank accounts creating nexus. Does this mean I should avoid opening a business bank account in Delaware even though my LLC is registered there? I was thinking about using a Delaware bank for the business account to keep everything "local" to the registration state, but it sounds like that might actually create problems?

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IRS Audit CP75 for 2024 Return: Must Prove Step-Daughter as Dependent, Filing Status, EIC and American Opportunity Credit Eligibility Within 30 Days

I just received a CP75 notice dated March 3, 2025 from the IRS for my 2024 tax return. They're auditing my return and holding my Earned Income Credit and Additional Child Tax Credit portions of my refund. The notice (CP75 PC0289) was sent from the IRS Examination Operations at 310 Lowell St Stop 854, Andover, MA 01810-0001. They're auditing my 2024 Form 1040 and I need to send supporting documentation within 30 days from the date of the notice. According to the letter, if I don't respond within that timeframe, they'll send an audit report proposing to disallow the items being audited, and I may owe additional tax. I've been claiming my step-daughter for the past 3 years with no issues, but now they're asking for documentation to prove she qualifies as my dependent. The notice specifically says I need to "Review the enclosed Form 886-H-DEP, Supporting Documents for Dependents" and "Submit the documentation requested to show you have eligible dependents." They're also questioning my Earned Income Credit eligibility, asking me to "Review the enclosed Form 886-H-EIC, Documents You Need to Send to Claim the Earned Income Credit on the Basis of a Qualifying Child or Children for tax year 2024" and "Submit the documentation requested to show your child or children met the relationship, age and residency tests." Additionally, they're questioning my filing status and want me to "Review the enclosed Form 14824, Supporting Documents to Prove Filing Status" and "Submit the documentation requested to verify your filing status." On top of all that, they're questioning the American Opportunity Credit I claimed, asking me to "Review the enclosed Form 886-H-AOC, Supporting Documents to Prove American Opportunity Credit" and "Submit the documentation requested to show you had eligible education expenses." The notice gives me a contact number of 866-897-0177 and my Caller ID is 278992. Has anyone gone through this process before? What kind of documentation would prove our relationship since she's not my biological child? Her mom and I aren't legally married but we've been living together for 6 years and I provide most of the financial support. I'm worried I'll end up owing a lot if they reject everything.

Freya Larsen

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I went through this exact same audit situation two years ago with my partner's son. The key thing that saved me was creating a comprehensive timeline document showing his residency throughout the entire year. I included: - Monthly utility bills with both our names/address - School enrollment records from August showing my address as his home address - Medical appointment records from his pediatrician (I was listed as the person who brought him) - Bank statements showing regular purchases of his school supplies, clothes, food throughout the year - A signed statement from his teacher confirming he lived at my address Since you're not legally married to her mom, focus heavily on the "member of household" test - you need to prove she lived with you for more than half the year (183+ days) and that you provided more than half her support. The IRS approved my claim and I kept all my credits. The whole process took about 10 weeks from when I mailed my response to getting my refund released. Don't stress too much - if you have the documentation, you should be fine. Just make sure to respond within the 30 days and keep copies of everything you send!

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This is exactly the kind of detailed advice I needed! Creating a timeline document is brilliant - I wouldn't have thought to organize it that way. I do have most of these types of records scattered around, so putting together a comprehensive timeline showing her living with us throughout 2024 makes total sense. Thank you for sharing your experience and giving me hope that this can work out!

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I went through a very similar CP75 audit last year for my girlfriend's daughter. The most important thing is to focus on proving the "member of household" test since you're not legally married. Here's what worked for me: 1. **Residency documentation spanning the full year**: School enrollment forms, report cards, medical records, bank statements showing purchases for her throughout 2024 2. **Support test evidence**: Keep receipts for everything - groceries, clothing, school supplies, medical expenses. You need to show you paid more than 50% of her total support 3. **Address consistency**: Make sure all documents show the same address where you all lived together For the education credit, gather all Form 1098-T documents and receipts for qualified expenses. For filing status, if you filed Head of Household, you'll need to prove you paid more than half the household expenses. The key is responding within 30 days with organized, comprehensive documentation. I created a cover letter explaining our living situation and included a timeline showing her residency throughout the year. My audit was approved and I kept all my credits. Don't panic - if you have the documentation to back up your claims, you should be fine. The IRS just wants to verify everything is legitimate. Good luck!

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Ravi Patel

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This is really helpful advice! I'm in a similar situation and have been worried about organizing all my documentation properly. Quick question - when you created that timeline showing her residency throughout the year, did you organize it month by month or just by major categories of documents? I have tons of receipts and records but wasn't sure the best way to present everything to make it clear and easy for the IRS to review.

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While I understand the frustration, cycle codes actually do have specific meanings within the IRS processing system. Cycle 05 indicates Thursday processing, which is different from cycle 01 (Monday) or cycle 03 (Wednesday). Compared to previous years, the current processing times are actually running more efficiently for most filers, though independent contractors often face additional verification steps. Your experience last year with the verification letter is unfortunately common, but the system itself is quite structured - just not always transparent to us on the outside.

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Daniel White

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I'm also cycle 05 and filed in early February - this wait is brutal! From what I've learned lurking in this community, cycle 05 processing happens on Thursdays, but the transcript updates can take 24-48 hours to reflect changes. I've been checking mine religiously too and finally saw movement last Thursday night around 11 PM EST. The lack of an 846 code doesn't necessarily mean there's a problem - it could just be normal processing delays or routine verification. For independent contractors like us, they sometimes do additional checks on Schedule C income, which can add a week or two. I'd give it until next Thursday's cycle before worrying too much. The IRS processing times this year seem more consistent than last year's chaos, so hopefully we'll both see those 846 codes soon! šŸ¤ž

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