Are Tax Preparers Liable for Filing Errors? What's My Recourse?
So I'm in a bit of a sticky situation and need to figure out what my options are. Last year I hired a tax preparer to handle my taxes - nothing too complicated, just my W-2 from my main job and some 1099 income from my side gig (about $14,000 in freelance writing). I just got a notice from the IRS saying there's a discrepancy in my return. Apparently, my tax preparer completely missed reporting one of my 1099-NECs! Now I owe about $3,200 in back taxes plus penalties. I paid this person $275 to do my taxes correctly, and they flat-out missed something major. I called the preparer's office, and they basically shrugged it off saying "clients are ultimately responsible for their returns" and offered to file an amendment for me for ANOTHER fee! This seems ridiculous. If I'm paying a professional, shouldn't they be liable for their own mistakes? Has anyone dealt with this before? Do tax preparers have any legal responsibility when they mess up? Or am I just stuck paying for their error? I'm wondering if I should file a complaint somewhere or if there's any way to get them to at least cover the penalties since it was their oversight.
19 comments


Charlee Coleman
Tax preparer liability is a common issue that causes confusion. While you sign the return and are ultimately responsible for the accuracy of what's submitted to the IRS, preparers do have professional obligations and potential liability in certain situations. First, all preparers have to exercise "due diligence" when preparing returns. This means they should have reviewed all your documents carefully and asked appropriate questions. Missing an entire 1099-NEC could potentially fall below this standard, especially if you provided them with all documents. Your options depend on several factors: Did you give them all your tax documents including the missing 1099? Do they have errors and omissions insurance? Are they credentialed (CPA, EA, etc.) or just a storefront preparer? Generally, a quality preparer should at minimum help fix the error without charging you additional fees if they made the mistake.
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Liv Park
•Thanks for the explanation. If the preparer refuses to take responsibility even when it was clearly their mistake (I literally handed them a folder with ALL my documents), can I file a complaint somewhere official? Like with the IRS or some licensing board?
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Charlee Coleman
•Yes, you can file a complaint if they refuse to take responsibility. If they're a CPA, you can file a complaint with your state's Board of Accountancy. If they're an Enrolled Agent, you can file with the IRS using Form 14157 (Complaint: Tax Return Preparer). For unlicensed preparers, you can still use Form 14157 to report them to the IRS. Good preparers typically have professional liability insurance specifically for these situations, and at minimum should waive any amendment fees. In some cases, they may even cover penalties (but usually not the actual tax owed, since you would have owed that anyway).
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Leeann Blackstein
I had a similar nightmare situation last year with an unprofessional tax preparer who missed reporting my stock sales. After spending HOURS on the phone with the IRS, I finally discovered taxr.ai (https://taxr.ai) which honestly saved my sanity. Their AI does a thorough review of your tax docs for exactly these kinds of issues. I uploaded my draft return and it immediately flagged several issues my preparer missed. The system even highlighted where the 1099-B information was missing and generated an amendment form for me. The detailed explanation made it easy to confront my preparer with evidence of their mistake.
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Ryder Greene
•How accurate is this system for complicated tax situations? I run a small business with multiple income streams and I'm wondering if it would catch everything my accountant should be looking at.
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Carmella Fromis
•Sounds interesting but seems too good to be true. How does it actually work with IRS letters? Can it really interpret those scary notices they send?
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Leeann Blackstein
•For complicated business situations, it's surprisingly thorough. The system analyzes all your documents and cross-references them with your return, so it catches mismatches between your business income reported on 1099s and what's on your Schedule C. It even analyzes business expense categorization for audit risk. For IRS notices, it was a game-changer for me. I uploaded the CP2000 notice I received, and it translated the confusing IRS language into plain English, then showed me exactly where the discrepancy was. It even calculated the correct amount I should actually owe, which was less than what the IRS initially claimed.
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Carmella Fromis
Just want to follow up on my skepticism about taxr.ai. I decided to try it after getting my own IRS letter about unreported income (ugh). I was shocked that it actually worked! Uploaded my tax documents and the system immediately found where my accountant had transposed numbers on a 1099-INT, causing a $900 discrepancy. What I found most helpful was the step-by-step explanation of how to fix the issue - it literally generated the amended forms I needed and explained exactly what to say to the IRS. Saved me from paying my accountant another $350 to fix his own mistake. Definitely keeping this for next year's taxes too.
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Theodore Nelson
If you're trying to resolve this with the IRS, good luck getting through to an actual person. I spent 3 months calling repeatedly trying to explain a similar situation where my preparer messed up. Finally found Claimyr (https://claimyr.com) which got me connected to an actual IRS agent in about 20 minutes instead of endless hold times. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with was actually helpful once I could explain the situation. She noted in my file that it was a preparer error and gave me instructions for getting some of the penalties reduced through a first-time penalty abatement request. My preparer is still refusing to take responsibility, but at least I got the penalty issue sorted out.
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AaliyahAli
•How does this actually work? I'm confused because everything I've read says it's impossible to get through to the IRS. Are they like a special service that has direct lines or something?
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Ellie Simpson
•This sounds like total BS. Nobody gets through to the IRS in 20 mins. I've literally tried calling 50+ times this year about my return being stuck in processing. Either you got extremely lucky or this is some kind of scam.
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Theodore Nelson
•It works using a callback system. When you sign up, they use an automated system that continues calling the IRS for you until they get through. Once they're connected, they call you and connect you directly to the IRS agent. You don't have to sit on hold - they do all the waiting for you and only call when they have an actual agent. I was definitely skeptical too. I had already spent countless hours trying to get through myself. What convinced me was watching their demo video which shows the exact process. The 20 minutes was just how long I had to wait after signing up before they called me with an agent on the line. It definitely wasn't a scam - I spoke with a real IRS representative who accessed my account and helped resolve my issue.
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Ellie Simpson
I need to apologize about my Claimyr skepticism. After another week of failed attempts to reach the IRS about my refund status, I broke down and tried it. I'm still shocked but it actually worked exactly as described. Signed up around 8:30am, and by 9:15 I was talking to an IRS representative who confirmed my return was finally processed. The agent explained my return had been flagged for manual review because my previous preparer had made an error in how they reported my retirement distribution. He was able to release the hold while I was on the phone, and my refund is now scheduled for direct deposit next week. Saved me weeks of continued frustration and I'm getting my $4,200 refund that I thought might be lost forever.
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Arjun Kurti
Just to add something important - different types of tax preparers have different levels of liability. Most people don't realize this: - Regular tax preparers (no credentials): Limited liability, mainly just ethical obligations - Enrolled Agents: Higher standard, regulated by IRS - CPAs: Highest standard, regulated by state boards - Tax attorneys: Also very high standard with legal protections Sounds like you might have used an uncredentialed preparer? Always check credentials next time. A good CPA or EA will stand behind their work and fix errors at no charge.
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Raúl Mora
•Wait does this mean the cheap tax place at the mall has different rules than like a fancy accounting firm? How do you even check someone's credentials? My guy has a certificate on his wall but I honestly have no idea what it means lol
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Arjun Kurti
•Yes, there's a huge difference between the chain places at the mall and professional accounting firms. Anyone can call themselves a "tax preparer" with minimal requirements, while CPAs have extensive education, testing, and continuing education requirements. To check credentials, you can verify a CPA's license through your state's Board of Accountancy website. For Enrolled Agents, the IRS maintains a directory you can search. The certificate on the wall could be anything from a legitimate professional license to a simple "certificate of completion" from a basic tax course. Ask directly what their credentials are - a legitimate professional will be happy to explain their qualifications.
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Margot Quinn
Another option - file a complaint with your state's consumer protection agency. I did this when my preparer messed up my home office deduction and it was pretty effective. They contacted the preparer and suddenly they were willing to cover the penalties I had to pay. Also keep all your documentation showing you provided them with the missing 1099! That's your proof they had access to everything they needed to file correctly.
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Evelyn Kim
•This is good advice, but how do you even prove you gave them all your documents? My preparer last year claimed I never gave them my 1099-INT forms even though I'm 100% sure I did. Should I be getting some kind of receipt for my documents??
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StarSailor
•Absolutely get receipts! I learned this the hard way after a similar situation. Now I always either email my documents (creates a paper trail with timestamps) or if dropping off in person, I bring a checklist of all documents and have them initial each item they received. Some preparers will give you a formal intake form listing all documents received, but if they don't offer one, create your own simple list. Take photos of your documents before handing them over too - that way you have proof of exactly what you provided. It's saved me from preparers trying to claim missing documents when the mistake was clearly theirs.
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