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Alana Willis

Is signing a liability waiver or service agreement with a tax preparer normal practice?

So my tax guy sold his business last year. He still works there but his name isn't part of the company anymore. Yesterday I got this letter in the mail - it's called a "service agreement" but honestly it reads more like a liability waiver to me. Is this standard practice nowadays? I'm 42 and have been filing taxes for over 20 years but have literally never been asked to sign anything like this before. Some of the wording makes me a bit nervous, like they're trying to protect themselves if they mess up. Should I be concerned or is this just how tax prep companies operate now?

Tyler Murphy

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This is actually very common practice nowadays, especially with larger tax preparation firms. These service agreements serve several purposes - they outline what services will be provided, establish fees, and yes, they do limit liability in certain situations. The liability limitations are mainly there to protect the preparer from being held responsible for issues that aren't their fault - like if you provided incorrect information or didn't disclose everything. However, they can't waive liability for negligence or intentional misconduct on their part. Since your preparer sold his business, the new owners are likely implementing more formal procedures. It's basically a way to set expectations and protect both parties.

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Alana Willis

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Thanks for the quick response! What specific things should I look out for in the agreement? Like are there any red flags that would make you think twice about signing?

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Tyler Murphy

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Look for language about what happens if there's an audit or if mistakes are found. A good agreement should specify that they'll help with audit representation and correct errors they made at no additional cost. Be cautious if they try to completely absolve themselves of all responsibility regardless of fault. Also check how they handle your data and privacy. There should be clear language about confidentiality and data security. Most reputable firms will have reasonable terms, but it never hurts to read carefully before signing.

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Sara Unger

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Freya Ross

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Sergio Neal

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Leslie Parker

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Juan Moreno

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Tax preparer here - yes, service agreements are standard practice in the industry. They protect both parties by clearly establishing expectations. I've been requiring them for all clients for the past 10 years. The sale of the business is likely why you're seeing one now - the new owners are implementing their standard procedures. Most agreements will outline: - Services included - Your responsibilities (providing accurate info) - Preparer responsibilities - Fee structure - Limitations on liability

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Amy Fleming

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What happens if someone refuses to sign? Do you still prepare their taxes or do you turn them away?

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Juan Moreno

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If someone refuses to sign, I typically explain the importance of having clear expectations on both sides. Most people understand once I explain it protects them too by documenting exactly what services they're paying for. In the rare cases where someone still refuses, I generally don't take them on as a client. It's a red flag that could indicate they might try to hold me responsible for things outside my control, like if they provide incomplete information but expect me to be liable for any resulting issues.

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Alice Pierce

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After my tax guy retired, the new firm made me sign something similar. I read it carefully, signed it, and honestly never thought about it again. Been with them 3 years now with no issues. These agreements are just like the terms & conditions we all click "agree" to online everyday lol.

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Esteban Tate

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Not the same AT ALL. Tax preparers have access to your most sensitive financial info and SSN. Plus they're charging you for a professional service. Online terms are different than paying someone hundreds of dollars to handle your taxes.

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LunarLegend

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I'm dealing with something similar right now. My long-time tax preparer retired and the new firm wants me to sign what they call a "client engagement letter" but it's basically the same thing you're describing. From what I've researched, these agreements became more common after some high-profile lawsuits where clients sued preparers for issues that weren't really the preparer's fault. The agreements help clarify who's responsible for what. That said, I'd definitely read it carefully before signing. Make sure it doesn't completely absolve them of responsibility for their own errors or negligence. A fair agreement should protect them from liability when you provide wrong information, but they should still be accountable for their own mistakes. Has your tax guy given you any guidance on what changed since the sale? Might be worth asking him directly about the new policies.

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Niko Ramsey

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That's really helpful context about the lawsuits driving these agreements. I haven't had a chance to talk to my tax guy yet since he's been swamped with tax season, but I'll definitely ask him when things calm down. You're right about reading it carefully - I've been going through it line by line and most of it seems reasonable. There's one clause about "client acknowledges preparer is not liable for penalties or interest resulting from client-provided information" which makes sense, but then it gets a bit vague about what constitutes "client-provided information." Did your engagement letter have specific language about audit support? That's one thing I want to make sure is covered since my previous preparer always said he'd help if I got audited.

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Yes, my engagement letter does include audit support - it specifies that they'll represent me for any issues directly related to their preparation of my return at no additional charge. However, if the audit reveals issues with prior years they didn't prepare, or if I failed to provide complete information, then there are additional fees. Regarding that vague language about "client-provided information" - I'd definitely ask for clarification on that. In my letter, they defined it pretty clearly as any documents, records, or verbal information I give them. The key thing is making sure they're still liable if they misinterpret or incorrectly enter information you provided accurately. One thing I learned is that you can often negotiate these agreements if something seems unreasonable. They're not set in stone, especially if you've been a long-term client. Worth having that conversation with your tax guy when he has more time.

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I went through something very similar when my CPA of 15 years sold to a regional chain. The new firm immediately sent me a 4-page "service agreement" that felt more like legal protection than a service contract. After reading through it and doing some research, I learned these agreements became standard practice around 2018-2020, largely due to increased litigation against tax preparers. The COVID-era changes to tax laws also made preparers more cautious about liability. The key things I looked for in mine were: 1) Clear definition of what constitutes "reasonable care" on their part, 2) Specific language about correcting their own errors at no charge, 3) Audit representation clauses, and 4) Data security provisions. My advice? Don't sign anything that makes you uncomfortable, but also recognize that most reputable firms won't work without one nowadays. If the language seems too broad or one-sided, ask for modifications. I successfully negotiated two clauses in mine that were too vague about their responsibilities. The transition from small independent preparers to larger firms definitely changes the dynamic, but it doesn't necessarily mean worse service - just more formalized processes.

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