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Have you tried reaching out to the state board of accountancy? If the preparer is a CPA, they have additional ethical obligations. Even if she's not a CPA but just has a PTIN, most states have regulatory bodies that oversee tax preparers. I'd suggest three steps: 1. Send a formal demand letter via certified mail 2. File a complaint with your state's regulatory board for tax preparers 3. Contact the IRS Office of Professional Responsibility The state boards often move faster than the IRS on these issues, especially when there's potential client information being mishandled. Document everything thoroughly!
Thanks for the advice. She's not a CPA, just has a PTIN. Is there still a state board that would handle complaints for non-CPA preparers? I'm in Illinois if that helps. Also, would filing these complaints potentially help me recover the payment, or are these just punitive measures?
In Illinois, tax preparers who aren't CPAs are regulated through the Illinois Department of Financial and Professional Regulation if they're registered. Even if they only have a PTIN, you can file a complaint with the Illinois Attorney General's Consumer Protection Division since this is essentially a consumer fraud issue. Filing these complaints might not directly get your money back, but they often create substantial motivation for the preparer to resolve the payment issue to avoid further regulatory scrutiny. Many preparers will settle once they realize formal complaints have been filed. These actions also create an official record of the dispute, which can strengthen your case if you do pursue payment through small claims court. The documentation from these complaints can serve as evidence of your good-faith attempts to resolve the situation.
Form 944 amendments (944-X) are no joke - that's employer's ANNUAL federal tax returns we're talking about. The fact that she shared 200 companies' EINs and tax info with you without their knowledge is super concerning. I'd definitely start with a formal demand letter, then consider small claims court if the amount is within your state's limits. But don't threaten to report to the IRS as leverage for payment - that could potentially be seen as extortion which opens a whole other can of worms. Document everything meticulously - all communications, work completed, payment agreements, etc. If you do end up reporting to the IRS, they'll want to see this documentation.
Is there a time limit on how long they have to file these amended returns? Like if the original poster just sits on them while trying to get paid, could it cause problems for the businesses?
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Something important that nobody has mentioned - if this was a REFINANCE (not a first mortgage), you can't deduct all the points in the year you paid them! You have to spread the deduction over the life of the loan. So if you paid $7,800 in points on a 30-year refinance, you can only deduct about $260 per year. A lot of people miss this and incorrectly deduct the full amount in year one.
Is there any exception to this rule? I thought if you use the refinance money for home improvements, you can deduct points immediately?
Also check your monthly mortgage statements - sometimes they'll list the interest rate reduction you received from paying points. Mine shows "Rate: 4.125% (reduced by 0.75% through discount points)" which helped confirm what I paid for when the settlement statement was unclear.
That's a really helpful tip - I hadn't thought to check my monthly statements! I'll take a look at mine tonight. Thanks!
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Another option: your in-laws can also check if their tax preparer offers a tax transcript service. My accountant was able to pull my tax transcript directly from the IRS which showed exactly what I owed including penalties. Might be worth a quick call to whoever prepared their return.
That's a great idea! I'll definitely suggest they contact their tax preparer. Do you know if most preparers offer this service or is it something specialized?
Most professional tax preparers can do this if they have proper authorization. Your in-laws would need to have signed a Form 8821 or Power of Attorney (Form 2848) allowing the preparer to access their tax information. If they didn't sign this initially, they might need to do that first. Many enrolled agents and CPAs routinely offer transcript services as part of their package when they prepare returns. It's worth asking, especially since the preparer is already familiar with their tax situation and could explain everything in context.
Just a quick note that if the amount they owe is substantial, they might want to look into an IRS payment plan. We ended up owing $14k and set up a monthly payment plan online in about 10 minutes. There's a small setup fee but it beats getting collection notices!
Does setting up a payment plan stop the penalties from adding up? Or do you still get charged interest while paying it off?
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My brother used one of those tax relief places advertised on the radio. They charged him $3,500 upfront and literally just filled out the same installment agreement request form he could have done himself for free on the IRS website. Complete waste of money. If you're dealing with unfiled 1099 income, just find a local CPA or EA (Enrolled Agent) who specializes in tax resolution. They'll charge you a reasonable fee to file your back taxes and request a payment plan. Don't fall for the marketing from these national "tax forgiveness" chains.
This is so true! I made the same mistake. The "tax relief experts" took my money and then just submitted an installment agreement. When I asked about the "pennies on the dollar" settlement they promised in their ads, they said I "didn't qualify" but only after they had my money. Do these companies ever actually get anyone an Offer in Compromise?
Very few of their clients actually qualify for an Offer in Compromise (the "pennies on the dollar" program). The IRS only approves those when you can prove you have no ability to pay and limited assets. Most people with steady income don't qualify. What these companies do is take advantage of people's fear of the IRS. They charge premium prices for standard services like filing back tax returns and setting up payment plans. The worst part is they often don't even look for legitimate deductions that could reduce the total amount owed. They're focused on processing as many clients as possible, not giving personalized service.
Quick question - if I use a regular CPA to file my old 1099 tax returns, how far back do I need to go? I haven't filed in like 4 years because I didn't know how to deal with my contractor income.
The IRS generally focuses on the last 6 years for unfiled returns, but technically there's no statute of limitations on unfiled tax returns. For practical purposes, most CPAs will recommend filing at least the last 3-6 years to get back into compliance.
Isabella Ferreira
One thing nobody mentioned yet - make sure you're actually a good candidate for an OIC before spending time on it. The IRS rejects about 60% of offers. If you have significant income or assets, or if the IRS believes you can pay through an installment agreement, they'll likely reject your offer. In 2019, the average accepted offer was about 20% of the original tax debt, but that varies dramatically case by case. Some get accepted for much less, others for more.
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Ravi Sharma
•Do you know if they consider future earning potential? I'm in school right now with low income but will likely have higher income in a couple years. Would that affect my OIC chances?
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Isabella Ferreira
•Yes, they absolutely consider future earning potential, especially for younger taxpayers or those in educational programs. If you're in school for a high-earning profession, they may be less likely to accept a low offer since they anticipate your income will increase significantly. The IRS looks at your specific situation - age, education, profession, industry, employment history, and health status - to make reasonable projections about future income. If you're young, healthy, and gaining qualifications in a lucrative field, they'll factor that into their decision even if your current income is low.
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Freya Thomsen
Make sure to consider the Non-Collectible status option before going straight to an OIC. If you truly have no ability to pay, you can apply for Currently Not Collectible status which pauses collection activities. The debt doesn't go away, but it buys you time. And remember, most tax debts expire after 10 years from assessment date (the Collection Statute Expiration Date or CSED). Sometimes waiting it out makes more sense than an OIC.
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Omar Zaki
•Does applying for OIC extend that 10-year collection period? I'm wondering if I should just wait since my assessment was back in 2015.
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