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How to recover unpaid charges for 944-X filing work as tax preparer

I'm dealing with a tax preparer situation that's becoming frustrating and need some advice. A tax preparer (let's call her Ms. B) contracted me to help amend Form 944-X for about 200 business clients. She provided me with all company details including their EINs, PTINs, and the original 944 forms through shared cloud storage. I've completed amendments for approximately 80 businesses already and transferred them back to her (I can't file them myself since I'm not authorized by these clients - they authorized her with their PTINs and EINs for filing). The problem is Ms. B has only paid me for about 20 returns and is now ignoring my calls and messages about payment for the remaining work. I'm owed around $7,500 for completed work. I have access to all these companies' PTINs, EINs, and business details since she shared them with me to complete the work. My questions: 1. What actions can I take to recover my money? I've invested significant time during weekdays and weekends. Should I send a formal notice drafted by a legal professional? 2. Would it be appropriate to contact these businesses directly to inform them their tax preparer is outsourcing their tax work, potentially exposing their confidential information? 3. Should I report this situation to the IRS as potential unauthorized disclosure of client information without consent? Any advice would be greatly appreciated. This feels like a serious breach of professional ethics, but I want to handle it appropriately.

Another approach worth considering - check if your state has a board that regulates tax preparers (like California's CTEC or Oregon's Board of Tax Practitioners). Many states have specific regulations about tax preparation conduct. A complaint to the state board could potentially result in disciplinary action if the preparer violated professional standards by sharing confidential information without proper safeguards or subcontracting without disclosure. Also, did you have a written contract with this preparer? The details of your agreement would significantly impact your options. If there's no written contract, you might be looking at a more challenging claim based on verbal agreement and evidence of the work completed.

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I do have email correspondence outlining the scope of work and agreed payment terms, but not a formal signed contract. She sent me spreadsheets tracking which returns I completed and amounts owed, which I've saved. Would these be sufficient documentation for a small claims case? I'm in Texas, which I believe doesn't have a specific tax preparer regulatory board, but I'll definitely look into state-specific options.

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Email correspondence can absolutely serve as documentation of your agreement, especially if it clearly outlines the work to be done and the payment terms. Those spreadsheets tracking completed returns will be particularly valuable evidence. For small claims court in Texas, you'd want to compile all communications about the work, evidence that you completed the work (like submission confirmations or acknowledgments from her that she received the completed forms), and documentation of any partial payments already made. Texas small claims (Justice Court) has a limit of $20,000, so your claim would fit well within their jurisdiction.

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Just want to mention something important - be careful about how you handle those EINs and PTINs you still have access to. Improper use of that information could potentially create liability for you, even if you're the wronged party here. I'd recommend documenting that you have this information but not using it in any way that could be seen as leveraging confidential information. Delete any copies once your dispute is resolved.

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Really good point. Maybe OP should start by sending a message formally stating they still have access to all these sensitive business details through the shared drive and requesting guidance on proper deletion once payment is received? That creates a paper trail showing they're trying to handle the info responsibly.

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Sean Doyle

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Another thing to consider - make sure you're getting W-9 forms from all these people you're paying! I got hit with a penalty last year because I didn't collect W-9s from some freelancers I hired through Instagram and paid via Venmo. Without their tax info, I couldn't properly file 1099s for them. If any of these people you paid over $600 in 2023, you need to send them 1099-NECs by January 31st. The fines for not filing these forms can add up fast. You should reach out to everyone now to get their info before the deadline hits!

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Zara Rashid

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Is there a good way to handle this if some of my freelancers were just casual friends helping out? Some of them don't have formal businesses and might get confused if I suddenly ask for W-9s and send them 1099s. Will this cause problems for them if they haven't been reporting this income?

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Sean Doyle

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Even casual friends need to get 1099s if you paid them $600+ for business services. It's actually doing them a favor - they legally need to report this income anyway, and having a 1099 makes it easier for them to file correctly. You can explain you're just making sure both of you stay compliant with tax laws. Yes, they might not be thrilled if they weren't planning to report the income, but that's not your problem - you're just following the law. Not issuing 1099s can result in penalties for you, while potentially leaving them exposed to issues down the road if they get audited. Just send them a simple W-9 form to fill out and explain it's required for any business that pays contractors.

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Luca Romano

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One thing nobody's mentioned - you might be able to avoid this issue entirely in the future by using Venmo Business Profile instead of a personal account. It charges a small fee but it's specifically designed for business transactions and gives you better record-keeping options.

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Nia Jackson

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Venmo Business is actually pretty decent, I've been using it for my side hustle. The 1.9% + $0.10 fee is annoying but you can write that off as a business expense too! Plus it automatically tracks everything for tax time which is super helpful. Way better than trying to sort through a personal account with mixed transactions.

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My understanding is that there are some rare exceptions to the 90-day deadline for Tax Court petitions. I think they're called "equitable tolling" situations. If you had some extraordinary circumstance like being in the hospital or deployed in the military, it might be worth mentioning that in a follow-up to the Tax Court.

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That's interesting. I didn't have any extreme circumstances like that though. Just poor planning and procrastination on my part unfortunately. Do you know if the IRS ever just "forgives" these situations if I explain it was an honest mistake?

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The IRS generally doesn't "forgive" missed deadlines just because it was an honest mistake. They hear that all the time. If it was truly just procrastination, you'll need to follow the pay-first-then-claim-refund route the others mentioned. However, there was actually a recent Supreme Court case (Boechler v. Commissioner) that established equitable tolling could apply for certain tax deadlines, though that was for Collection Due Process cases, not deficiency notices. Still, tax law continues to evolve on these issues.

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Amaya Watson

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Has anyone dealt with amended returns being processed during this type of situation? I filed an amended return like OP did and I'm wondering how long it typically takes the IRS to process those compared to regular returns?

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Grant Vikers

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In my experience, amended returns are taking FOREVER right now - like 6+ months. I filed one in April and it's still "processing" according to Where's My Amended Return tool. But that's separate from the Tax Court deadline issue. The amended return won't stop the deficiency assessment if you missed the petition deadline.

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Just wanted to add that if you received a Form 1099-MISC for your settlement, be careful. Sometimes insurance companies will issue a 1099 for the entire settlement amount including the attorney fees, even though part of it may be non-taxable. You'll need to make adjustments on your return to ensure you're not overtaxed. Also, keep in mind that if you deducted any medical expenses related to your injury in previous years and then got reimbursed through this settlement, you may need to include that previously deducted amount as income this year (the "tax benefit rule").

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They actually did send me a 1099-MISC for the entire settlement amount of $78,000! I was panicking thinking I'd have to pay taxes on all of it. How do I correct this when the insurance company reported the full amount to the IRS?

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Don't worry - this happens all the time with settlement payments. Even though the insurance company reported the full amount on the 1099-MISC, you don't need to report the entire amount as taxable income on your return. You'll need to file Form 8275 (Disclosure Statement) with your tax return to explain the discrepancy. On this form, you'll explain that the 1099-MISC includes non-taxable compensation for physical injuries under Section 104(a)(2) as well as the attorney fees that should be allocated proportionally. This way, the IRS will understand why your reported income doesn't match the 1099-MISC amount. Just be sure to keep all your settlement documentation in case of questions later. Many tax software programs like TurboTax have sections specifically for handling this situation.

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Omar Zaki

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Has anyone dealt with a settlement that spanned multiple tax years? I received part of my settlement last year and will get the rest this year, but all the attorney fees came out of last year's payment. Trying to figure out if I can deduct all fees last year or need to split them somehow.

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In multi-year settlements, you generally allocate the attorney fees based on when you receive the income. So if the fees were all paid from last year's portion, but they relate to the entire settlement, you should allocate the fees proportionally across the years of payment.

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Omar Zaki

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That makes sense, thank you! So I should figure out what percentage of my total settlement I received last year, and then deduct that same percentage of the total attorney fees on last year's return. Then I'll deduct the remaining portion of fees on this year's return when I report the second payment. That's clearer than anything my attorney explained!

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Something else to keep in mind - if you're claiming property tax deductions, make sure you're only deducting the actual tax portion and not any fees, penalties, or interest that might be included in your payment. Those other charges aren't deductible as property taxes. I learned this the hard way when I got audited a few years back. My county lumps everything together in the payment, but technically only the tax itself counts toward the property tax deduction.

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Riya Sharma

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Is there an easy way to separate these out? My property tax bill has the base amount plus like 4 different "special assessments" for things like schools and flood control. Are those considered part of the deductible property tax?

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Generally, special assessments for schools, flood control, and similar public improvements are deductible as property taxes as long as they're based on the assessed value of your property and apply to all properties in the jurisdiction. However, special assessments for local benefits that increase the value of your property (like sidewalks, streets, or water/sewer lines specifically for your neighborhood) are not deductible as taxes. The easiest way to separate these is to look at your property tax statement - it should itemize the different charges. If you're using tax software, it will usually ask you to enter only the deductible portions. Or if you work with a tax professional, they'll know how to properly categorize each item.

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Has anyone noticed if property tax deductions are even worth it anymore with the higher standard deduction? I paid about $9,000 in property taxes last year plus maybe $4,000 in state income tax, but my mortgage interest has dropped so much that I'm still better off with the standard deduction ($25,900 for married filing jointly).

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Millie Long

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It really depends on your total itemized deductions. Remember that itemizing includes property taxes, state/local income taxes (capped together at $10k), mortgage interest, charitable contributions, and some medical expenses. If all those combined exceed your standard deduction, then itemizing is worth it. But you're right that the higher standard deduction has made itemizing less beneficial for many homeowners.

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