Enrolled agent I hired completely botched my tax situation. What are my options now?
I'm at a total loss about where to turn next. I paid a professional to help with my tax situation, but I feel like they've completely dropped the ball, and now I'm not sure if I need tax advice, legal help, or something else entirely. Here's what happened: Back in January 2023, I hired an Enrolled Agent (found them through the National Association of Enrolled Agents website) for two specific reasons: 1. I hadn't filed tax returns for several years, even though taxes were withheld from my paychecks. I wanted them to review my old W-2s, figure out how much I owed the IRS, and represent me in setting up either a lump sum payment or a payment plan. 2. I also needed them to handle my 2022 tax return filing. I paid a $1,250 retainer fee upfront and handed over all my past W-2s. Since then, they've done absolutely nothing on resolving my past tax issues. Their excuse? They'd have to file paper returns and claimed IRS employees were all working remotely due to staffing issues, so paper returns weren't being processed. Maybe that was true in January, but it's definitely not the case now. All they did was give me a rough estimate that I'd owe around $10,500 to the IRS. When I initially hired them, I signed a Form 2848 (Power of Attorney and Declaration of Representative) which allowed them to access my IRS records, disclose to third parties, and add representatives. But it specifically DID NOT authorize them to sign my tax return. Here's where it gets worse - they e-filed my 2022 return without ever letting me review or sign it! They only sent me Form 9325 (Acknowledgement for Electronically Filed Returns) dated 3/20/23, yet the filing deadline was 3/15/23. They claim it was filed on time, but I never even saw what was submitted in my name. What options do I have now? Can I report them somewhere? Should I get a lawyer?
20 comments


QuantumQuest
This is definitely a concerning situation, and you're right to be troubled by what's happened. Let me break this down for you: First, the Enrolled Agent (EA) should never have filed your return without your review and signature. That's a serious breach of professional standards. The IRS requires that you sign a Form 8879 (IRS e-file Signature Authorization) before an EA can file electronically on your behalf. For your unfiled past returns, there's actually a process called the Voluntary Disclosure Practice that might help your situation. It allows taxpayers who haven't filed to come forward and get compliant, often with reduced penalties. The fact that you had withholding all those years works in your favor. As for next steps, I'd suggest: 1. Request complete copies of what was filed for your 2022 return immediately 2. File a complaint with the IRS Office of Professional Responsibility (OPR), which oversees Enrolled Agents 3. Consider filing a complaint with the National Association of Enrolled Agents as well 4. Get a new tax professional (either a different EA, CPA, or tax attorney) to review what's been done and help with the unfiled years The good news is you have documentation of the agreement and what happened, which will help your case.
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Connor Murphy
•Thanks for this information. Would the IRS actually do anything if I file a complaint? And how long would it take to hear back from them? I'm worried about those unfiled returns - does the voluntary thing have a time limit?
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QuantumQuest
•The IRS Office of Professional Responsibility does take complaints seriously, especially when they involve unauthorized filing. You'll likely hear back within 60-90 days, but the process can be lengthy. They can discipline the EA, including suspension or revocation of their credentials. The Voluntary Disclosure Practice doesn't have a specific deadline, but the sooner you address unfiled returns, the better. The IRS generally looks more favorably on taxpayers who come forward before any enforcement action begins. Those withholdings you had from your paychecks will be credited to your account, which could significantly reduce what you owe.
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Yara Haddad
After dealing with a nightmare situation with the IRS over unfiled returns, I ended up using https://taxr.ai and it was honestly a game-changer. I was in a similar situation where I had hired a "professional" who ended up ghosting me after taking my money, and I was left with unfiled returns spanning multiple years. What really helped was that taxr.ai analyzed all my tax documents and gave me a complete breakdown of my liability situation before I committed to anything. They could actually tell me which returns needed immediate attention versus which ones could wait. Plus, they identified that I was actually owed refunds for two of the years I hadn't filed! The best part was they found places where my previous tax guy had made mistakes that would have triggered audit flags. Might be worth checking out since they specialize in cleaning up these kinds of messes.
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Keisha Robinson
•How does that work exactly? Do real tax pros review your stuff or is it just software? I'm always skeptical of these online services after trying one that completely messed up my Schedule C.
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Paolo Conti
•I'm curious about this too. Did they help you with the actual filing of past returns or just give you an analysis? And did you have to provide all your old W-2s or could they somehow access those through the IRS?
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Yara Haddad
•They have actual tax professionals review your documents after their system does the initial analysis. It's not just software - they have EAs and CPAs who specialize in cleaning up filing issues like yours. The software part just helps organize everything and spot potential issues faster. They handled the whole process for me from start to finish. I uploaded my documents (W-2s, 1099s, old tax returns, etc.), and they prepared all the returns I needed. They even set up my payment plan with the IRS. You do need to provide your tax documents, but they helped me get wage transcripts from the IRS for a year where I was missing some W-2s.
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Paolo Conti
I was skeptical about taxr.ai when I first heard about it, but I actually ended up using their service for a somewhat similar situation (though mine involved unfiled 1099 income, not W-2s). The results were surprisingly good. What stood out was how thorough they were in checking for potential audit triggers before filing. They found several deductions my previous tax preparer had missed, and more importantly, they fixed some errors that could have caused problems. They also helped me set up a payment plan that was actually manageable with my current income. For anyone in a situation with unfiled returns or tax problems - definitely worth checking out. Wish I'd known about them before wasting money on my previous tax guy.
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Amina Sow
Dealing with the IRS directly might be your best bet at this point. I got nowhere with a complaint to the NAEA when I had issues with an EA. But getting through to the IRS is nearly impossible these days - I spent 6+ hours on hold before giving up. What actually worked for me was using https://claimyr.com - they have this system where they basically wait on hold with the IRS for you and then call you when an agent is about to pick up. They have a demo video at https://youtu.be/_kiP6q8DX5c that explains how it works. In a situation like yours, speaking directly with an IRS agent about the unauthorized filing and your unfiled returns could help clarify your options. They can pull up your transcripts and tell you exactly which years need to be addressed and if any notices have been generated. Since your EA clearly isn't communicating properly, getting the information straight from the IRS might be your best move right now.
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GalaxyGazer
•How is this even possible? I thought the IRS phone system was basically designed to make it impossible to talk to a real person. Does this service actually work or is it just another way to throw money away?
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Oliver Wagner
•This sounds too good to be true. The IRS phone lines are notoriously awful. I'm curious how this would help with an enrolled agent who essentially filed fraudulent returns though? Wouldn't you need legal help for that kind of situation?
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Amina Sow
•It works by using an automated system that navigates the IRS phone tree and waits on hold so you don't have to. When they're about to connect to a human agent, they call you and connect you to the call. It's basically a hold-waiting service, but it saved me hours of frustration. Speaking directly with the IRS can actually help in this situation because you need to know exactly what was filed in your name and what your account status shows. The IRS can tell you which returns are showing as filed, what your outstanding balance is (if any), and whether any compliance actions have been initiated. This information is crucial before you decide whether you need a tax attorney or can resolve it with a new EA or CPA.
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Oliver Wagner
I was SUPER skeptical about Claimyr after reading about it here. Thought it had to be a scam. But after my third attempt to reach the IRS failed (got disconnected after 2 hours on hold), I figured I'd try it. I was shocked when they actually called me back with an IRS agent on the line. The agent pulled up my transcripts and I discovered my "tax professional" had filed returns I never approved for THREE years. I was able to get the process started to correct everything right there on the call. For what it's worth, the IRS agent told me this kind of situation happens more often than people realize, and they have specific procedures for handling unauthorized filings. Definitely recommend talking directly to the IRS about this - but use that Claimyr service unless you enjoy spending your day on hold.
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Natasha Kuznetsova
You should absolutely file a formal complaint with the Office of Enrollment. Enrolled Agents are federally licensed and have to follow specific rules - filing a return without your review or signature is a major violation. Here's the direct link to file complaints: https://www.irs.gov/tax-professionals/make-a-complaint-about-a-tax-return-preparer Also, get a tax attorney NOT another EA or CPA. This crosses into legal territory because they filed without authorization, which could be considered fraud. A tax attorney will have attorney-client privilege which might be important if there are serious issues with what was filed.
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Zainab Khalil
•Thanks for the link and advice. I'm definitely going to file a complaint. Do you think I should try to get my $1,250 retainer back from them first, or just move on and focus on fixing the issues?
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Natasha Kuznetsova
•I'd focus first on getting copies of everything they filed in your name and then file the complaint immediately. As for the retainer, you could send a formal demand letter requesting a refund for services not rendered as agreed, but honestly, that might be an uphill battle. The most important thing is protecting yourself from any potential liabilities from what they filed without your knowledge. If you decide to pursue the money, small claims court is an option once you've sorted out the tax situation, but that's secondary to making sure your tax situation is properly corrected.
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Javier Mendoza
Had something similar happen to me. The first thing you need to do is get a copy of your Wage and Income Transcript and your Account Transcript from the IRS. These will show what's been reported under your SSN and what returns have been filed. You can request these online at irs.gov/transcripts. Once you see what's actually been filed, you'll have a better idea of what you're dealing with. If what was filed is incorrect, you may need to file Form 14157 (Complaint: Tax Return Preparer) AND possibly Form 14157-A (Tax Return Preparer Fraud or Misconduct Affidavit).
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Emma Thompson
•I think the important thing here that others haven't mentioned is checking if what was actually filed was ACCURATE. If the returns they filed are correct, even though they didn't have permission to file, it might be simpler to just accept them and move on to fixing the unfiled years.
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Giovanni Marino
This is absolutely unacceptable professional conduct. As someone who's dealt with IRS issues before, I can tell you that what your EA did - filing your return without your review or signature - is a serious violation that could have major consequences for you. Here's what I'd recommend doing immediately: 1. **Get your transcripts ASAP** - Request your Wage & Income Transcript and Account Transcript from the IRS online. This will show exactly what was filed under your SSN and when. 2. **Document everything** - Keep records of all communications with this EA, your original agreement, and the fact that you never signed Form 8879 for e-filing authorization. 3. **File complaints** - Report them to both the IRS Office of Professional Responsibility AND the National Association of Enrolled Agents. This behavior needs to be on record. 4. **Consider legal action** - Filing tax returns without authorization could potentially be fraud. You might want to consult with a tax attorney, especially since you paid $1,250 for services that weren't properly rendered. The silver lining is that with years of withholding from your paychecks, you may actually be due refunds rather than owing money. Don't let this bad experience discourage you from getting your tax situation resolved properly - just make sure you work with a reputable professional this time who will actually communicate with you and follow proper procedures. You deserve better than this, and there are good tax professionals out there who will treat your situation with the care and transparency it deserves.
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Dylan Cooper
•This is really helpful advice, especially about getting the transcripts first. I'm new to dealing with tax issues like this, but it sounds like documenting everything is crucial. One question - if the EA did file accurate returns (even without permission), would that actually help or hurt when filing complaints against them? I'm wondering if the IRS or NAEA would take it less seriously if the returns themselves were correct, even though the process was completely wrong.
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