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Geoff Richards

Are Tax Preparers Legally Liable for Filing Mistakes? When does liability apply?

So I'm really confused about something and hoping someone can clear this up. Last year I hired a tax preparer to handle my taxes because I started a side business and things got more complicated. I paid around $370 for the service, but I just got a letter from the IRS saying I owe an additional $1,200 in taxes plus penalties because something wasn't filed correctly. When I called the preparer, they basically said "sorry about that, but we're not responsible for any mistakes." This doesn't seem right to me! I specifically hired them because I didn't want to make mistakes, and now I'm stuck with this bill. Does anyone know if tax preparers can be held liable for errors they make? Is there some kind of insurance or protection for clients? I signed some paperwork but honestly didn't read the fine print (my bad, I know). But shouldn't they bear some responsibility if they messed up? The mistake was related to some business deductions that apparently weren't allowable. Any advice would be really appreciated! I'm trying to figure out if I should just pay up or if I have any recourse.

Simon White

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This is definitely a frustrating situation! Tax preparers do have some liability for errors, but it depends on several factors. First, check the paperwork you signed. Most preparers have clients sign an engagement letter that outlines their responsibilities and limitations. These often include clauses stating they're not responsible for penalties resulting from incorrect information you provided. However, if the mistake was purely their error (like misapplying tax law or making a calculation error with information you correctly provided), they should at minimum help resolve the issue with the IRS without charging you additional fees. Many reputable preparers have "accuracy guarantees" where they'll pay penalties and interest that result from their mistakes. For a $1,200 tax deficiency related to business deductions, I'd recommend: 1. Ask the preparer to explain exactly what happened and why the deductions were disallowed 2. Request they help address the issue with the IRS at no cost 3. If they refuse, you could consider filing a complaint with their professional organization (if they're a CPA, Enrolled Agent, etc.

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Hugo Kass

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If the tax preparer is refusing to help, would small claims court be an option? Or is there some kind of regulatory body that oversees tax preparers? I'm just curious how you would even go about holding them accountable if they flat out refuse to take responsibility.

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Simon White

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Small claims court is definitely an option if the preparer refuses to make things right, especially if you can show they made a clear error. The filing fee is usually minimal, and you don't need a lawyer. As for regulatory oversight, it depends on their credentials. CPAs are regulated by state accounting boards, Enrolled Agents by the IRS Office of Professional Responsibility, and attorneys by state bar associations. If they're an unenrolled preparer (no professional designation), your options are more limited, but you can file complaints with the IRS (Form 14157) and your state consumer protection office.

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Nasira Ibanez

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After reading your post, I had to share my experience. I was in a similar situation last year when my tax preparer messed up some rental property deductions. The IRS came after me for about $3,500, and I was panicking! I ended up using this AI tool called taxr.ai (https://taxr.ai) that helped me figure out exactly what went wrong. It analyzed the IRS letter, my original tax documents, and showed me where the preparer made the mistake. What was really helpful is that it gave me specific language to use when talking to the preparer about their error. Armed with this info, I went back to my preparer and they actually agreed to cover the penalties and interest (about $800) once I could show them specifically what they missed. The tool basically translated "tax speak" into plain English so I could make my case.

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Khalil Urso

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That sounds interesting, but how exactly does the AI tool work? Do you just upload your tax documents and the IRS letter? I'm a bit cautious about sharing my financial info with random websites.

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Myles Regis

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I'm skeptical about AI tools for tax stuff. How can it actually determine who's at fault in a situation like this? Seems like it would just be guessing unless it had some specialized tax knowledge.

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Nasira Ibanez

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You upload the IRS notice and any relevant tax documents, and it uses AI to analyze them and figure out what went wrong. It's secure with bank-level encryption, so your documents are protected. I was hesitant at first too, but it was actually recommended by a friend who works in finance. The AI is specifically trained on tax documents and IRS notices, so it's not just generic AI. It can identify common mistakes and pinpoint exactly where something went wrong in your filing. In my case, it showed how the preparer incorrectly categorized some rental property expenses, which is why the IRS disallowed them. It also helped me understand what documentation I needed to potentially challenge the IRS assessment.

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Myles Regis

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I wanted to follow up about that taxr.ai site. I was really skeptical when I first read about it, but after getting a CP2000 notice from the IRS last week, I decided to give it a try. Turns out my tax preparer had completely misclassified some 1099 income, and the tool spotted it immediately. It showed me exactly where the error was made and explained why it triggered the IRS notice. The best part was it generated a clear explanation I could take back to my preparer. My preparer initially tried to blame me for providing incorrect info, but once I showed him the detailed analysis, he couldn't really argue. He's now working with the IRS to fix the problem at no extra cost to me. This would've been so much harder to resolve without having that clear explanation of what went wrong.

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Brian Downey

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If you're still having trouble with your tax preparer, you might want to try getting through to the IRS directly to discuss your options. I know it sounds like a nightmare, but I recently used a service called Claimyr (https://claimyr.com) that actually got me through to a real person at the IRS in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c I spent DAYS trying to get through on my own with no luck, just endless hold music and disconnections. With Claimyr, they somehow hold your place in line and call you when an agent is about to pick up. I was able to explain my situation to the IRS agent, who walked me through my options regarding the tax preparer's mistake and helped me understand the appeals process. The agent explained that while the ultimate responsibility for your tax return is yours, they could note in my file that I was disputing based on preparer error, which helped with getting some of the penalties removed.

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Jacinda Yu

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Wait, how does this service actually work? The IRS phone system is notoriously impossible to navigate. Does this actually get you to the front of the line somehow?

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This sounds like a scam. There's no way to "skip the line" with the IRS. They're going to prioritize calls based on their internal system, not because some third-party service is calling for you. I bet they just keep redialing and charge you for the privilege.

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Brian Downey

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It doesn't actually skip the line - they use an automated system that keeps calling and navigating the IRS phone tree until it gets through. Then when they're about to connect with an agent, they call you to join the call. You don't have to sit on hold for hours, their system does it for you. They don't get you to the "front" of the line - you still wait your turn, but their system does the waiting instead of you having to do it yourself. What made it worth it for me was that I could go about my day instead of being stuck by the phone for hours. The IRS agent I spoke with was super helpful once I finally got through, and I was able to get most of my penalties removed.

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I need to eat my words about Claimyr. After posting my skeptical comment, I decided to try it myself since I've been getting nowhere with the IRS regarding a similar preparer issue. I'm shocked to admit it actually worked. After three weeks of trying to get through on my own and always getting disconnected, I got connected to an IRS agent in about 45 minutes using their service. The agent was able to review my case and confirmed that my tax preparer had made a clear error in how they handled my home office deduction. The best part was the agent walked me through how to file Form 8379 (Injured Spouse Allocation) which I didn't even know applied to my situation. This potentially saves me from paying hundreds in incorrectly assessed taxes. Sometimes talking to a real person makes all the difference, and I'd never have gotten through without that service.

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Callum Savage

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I think the fundamental question here is who bears the ultimate responsibility for your tax return. When you sign your return, you're declaring "under penalties of perjury" that you've examined the return and it's true, correct, and complete. So legally, YOU are responsible for your return, even if someone else prepares it. However, that doesn't mean the preparer has no responsibility. Preparers who are negligent or make careless errors can absolutely be held accountable, especially if they're credentialed professionals. The key is determining if this was truly their error or if it was due to information you provided. If they clearly messed up, a reputable preparer should at minimum help resolve the issue without charging you more, and possibly cover penalties and interest.

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Ally Tailer

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What if the preparer is part of a big chain like H&R Block or Liberty Tax? Do they have different policies about errors compared to independent preparers? I've heard horror stories about the chain places not standing behind their work.

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Callum Savage

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The big tax prep chains typically offer some form of guarantee, but there are important limitations. H&R Block has their "No Surprise Guarantee" and "Peace of Mind Extended Service Plan" (which costs extra), while Liberty Tax has their "Accuracy Guarantee." However, these guarantees usually only cover mathematical errors made by the preparer, not disagreements about tax law interpretation or disallowed deductions. They also typically require that you provided complete and accurate information. The chains are often better about having clear policies in writing, but many people report difficulties actually getting them to pay when errors occur. Independent preparers vary widely - some are more willing to stand behind their work and maintain client relationships, while others may be less accommodating.

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Has anyone had any luck with Form 14157 (Complaint: Tax Return Preparer)? I filled one out last year after my preparer made a huge mistake with my Schedule C, but I never heard anything back from the IRS. Wondering if it's even worth the time to file this form.

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I filed Form 14157 about two years ago and actually did get results! It took nearly 8 months, but the IRS did investigate and the preparer ended up reaching out to me to settle because they didn't want to deal with the IRS investigation. They refunded my prep fee and covered the penalties.

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Olivia Garcia

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This is such a common issue, and you're absolutely right to feel frustrated! I went through something similar two years ago with a preparer who missed some important business expense deductions. Here's what I learned: Check your engagement letter or contract carefully. Look for clauses about "accuracy guarantees" or error correction policies. Even if they disclaim liability for penalties, many preparers will at least help fix the issue without additional charges if it was clearly their mistake. For business deductions specifically, the key question is whether you provided all the correct documentation and whether the deductions were legitimately allowable. If you gave them proper records and they misapplied the tax rules, that's on them. But if the deductions genuinely weren't allowed under tax law, that's trickier. I'd recommend documenting everything - your original paperwork, what you told them, and their response. Then give them one more chance to make it right before exploring other options like filing complaints with their professional licensing board or small claims court. Don't just pay up without a fight if this was truly their error. You hired them specifically for their expertise, and they should stand behind their work.

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