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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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Malik Jenkins

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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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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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Santiago Diaz

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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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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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Jessica Nolan

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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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Did you check the supplemental information that comes with the 1099-B? Sometimes Robinhood puts the crypto details in a separate section or additional pages. I had the same issue last year and found that they included all the crypto transaction details in what they call the "Consolidated 1099 Information" section rather than in the main form boxes.

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NeonNomad

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Yes! I just double-checked and found it in the supplemental pages! There's a whole separate section for "Proceeds from Broker and Barter Exchange Transactions" that has all the info I need, including acquisition date and cost basis. Thanks for pointing this out - I was only looking at the first page.

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Glad you found it! Robinhood's tax documents can be confusing because they combine different forms into one package. That supplemental section is actually the most important part for crypto transactions since it contains all the details you need for Form 8949. Just make sure you're using the correct acquisition dates since that determines whether it's long-term or short-term capital gains.

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Yara Khoury

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anyone else notice that robinhood sometimes gets the cost basis slightly wrong? i had to manually correct mine last year. check your transaction history in the app and compare it to what's on the form.

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Keisha Taylor

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Yep, happened to me too. The cost basis on my 1099-B was off by about $25 compared to what my actual purchase price was. I had to file a Form 8949 with code B to indicate the cost basis was reported incorrectly to the IRS.

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Zane Gray

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One thing to be careful about with Section 1231 gains is the "look back rule." If you had any 1231 losses in the previous 5 years, your current 1231 gains are treated as ordinary income to the extent of those prior losses. This could affect whether your full gain qualifies for OZ treatment. Also, remember that even though you can defer the tax until 2026, you'll eventually have to pay it. Make sure you'll have the liquidity to pay that tax bill when it comes due, since it's not forgiven - just deferred.

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Tasia Synder

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Thanks for bringing up the look-back rule - I hadn't considered that! I do have a small 1231 loss from a property I sold in 2023. So if I understand correctly, a portion of my current gain would be considered ordinary income rather than capital gain? Would that portion not be eligible for OZ investment?

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Zane Gray

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Yes, exactly. If you had a 1231 loss in 2023, a portion of your current 1231 gain would be recaptured as ordinary income to the extent of that previous loss. That recaptured portion would not be eligible for OZ investment, since OZ investments can only be made with capital gains. For example, if you had a $10,000 1231 loss in 2023 and now have a $50,000 1231 gain, $10,000 of your current gain would be treated as ordinary income and only the remaining $40,000 would be treated as capital gain eligible for OZ investment.

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Has anyone here actually invested in an OZ fund? I'm considering it but worried about limited options and high fees. Most of the funds I've looked at have 2% management fees plus performance fees, which seems high.

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I invested in an OZ fund after selling a small apartment building in 2022. The fees are definitely higher than typical investment funds, but remember you're getting tax benefits that can offset those costs. I went with a fund focused on multifamily development in emerging markets which aligned with my investment goals. Make sure you do due diligence on the fund manager's track record and understand the timeline - you need to hold for 10+ years to get the full tax benefits on appreciation. And be prepared for the tax bill in 2026 on your initial deferred gain.

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