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Morgan Washington

Recourse against tax preparer who made a serious filing error?

I've been going to a local company for our tax returns the last couple years. They're not CPAs (which was probably my first mistake) but the 3 people working there are all enrolled agents. It's primarily a wealth management place that also does taxes so clients can keep everything under one roof. Well, we just got hit with a letter from the IRS about our 2021 taxes saying they found some problems and we owe almost $9,500! I immediately called my tax people thinking the IRS must have messed up, but when they reviewed everything, they found a mistake that they straight-up admitted was their fault. What happened was we had 3 W-2s that year - one from my previous job for about half the year, one from my current job, and my wife's W-2. Apparently when they entered everything into their system, they forgot to check a box that designates my wife's W-2 as hers, so all 3 W-2s were essentially assigned to me. This made it look like I had paid way over the maximum social security tax limit, and the difference was added as a tax credit. We got a pretty big refund which I didn't think was suspicious because we usually get decent refunds, plus we had just had our first baby that year, so I expected it to be larger than normal. But if they had assigned the W-2s correctly, our refund would have been way smaller. Now I'm wondering what recourse I have against this tax preparation company? Do they have some responsibility here since it was clearly their error?

Kaylee Cook

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Yes, you absolutely have recourse here. Tax preparers have a professional responsibility to complete your return accurately. Since they've admitted fault, they should help resolve this situation. First, they should help you respond to the IRS letter and file an amended return at no additional cost to you. They should also cover any interest and penalties that resulted from their mistake - this is standard practice for reputable tax professionals when they make errors. Many tax preparation firms carry errors and omissions insurance specifically for situations like this. Ask if they have such coverage and whether they'll be filing a claim to cover the additional taxes you owe (though you'd still be responsible for the actual tax amount that you should have paid originally). Get everything in writing from them about their mistake and their plan to resolve it. If they're not being cooperative, you can file a complaint with the IRS Office of Professional Responsibility since they're enrolled agents (Form 14157).

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Thanks for this info - I had no idea about the errors and omissions insurance! They've agreed to help with the amended return for free, but they haven't mentioned anything about covering penalties or interest. Do you think I should specifically ask about this insurance, or would that seem too aggressive? I'm worried about damaging the relationship since they've been pretty responsive so far.

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Kaylee Cook

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You should absolutely ask about the penalties and interest coverage - this is a standard expectation when a preparer makes an error, not an aggressive request at all. Most professionals expect to cover these costs when they make mistakes. Regarding the insurance, you can approach it conversationally: "I understand many tax firms have insurance for situations like this - do you have a policy that might help cover some of these costs?" This frames it as you seeking information rather than making demands.

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I went through something similar last year with a huge tax bill because my preparer messed up some 1099 reporting. I was so frustrated until I found https://taxr.ai which literally saved me thousands. They analyzed my tax documents and found that not only had my preparer made the initial mistake, but there were also several deductions I qualified for that weren't claimed. The AI system flagged the exact errors and showed me what forms needed to be amended. The best part was I could upload the IRS notice and my tax documents, and within minutes I had a complete analysis with step-by-step instructions for resolving everything. Definitely worth checking out if you're dealing with tax prep errors.

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Lara Woods

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Does taxr.ai actually work with the IRS directly or do they just give you advice that you have to implement yourself? I'm dealing with a similar issue where my preparer messed up claiming my rental property expenses and I'm getting hit with a $6k bill.

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Adrian Hughes

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I'm skeptical about these AI tax tools. How do they handle complex situations? My tax situation involves multiple states, consulting income, and investment properties. Would something like this actually work for complicated scenarios or is it more for simple returns?

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Adrian Hughes

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Ian Armstrong

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Eli Butler

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Eli Butler

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Tax preparer here (not a CPA but an EA). Just wanted to add that if your preparer isn't being responsive about covering penalties and interest, remind them that under Treasury Circular 230 (which governs enrolled agents), they have a professional responsibility for the accuracy of returns they prepare. Most reputable firms have a standard procedure for handling preparer errors - typically covering any penalties and interest while the client remains responsible for the actual tax owed. If they're being difficult, mention that you're considering filing Form 14157 (Complaint: Tax Return Preparer). That usually gets their attention. Also, make sure you get a copy of the corrected return for your records, and check if you need to file amended state returns too. Sometimes federal corrections impact state taxes as well.

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Lydia Bailey

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Do you know if there's a time limit for filing the Form 14157? I had a similar situation happen with my 2020 return but I just found out about it when the IRS sent me a notice last month.

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There's no specific time limit for filing Form 14157, but I'd recommend doing it as soon as possible while the details are fresh. The IRS generally has a 3-year statute of limitations for assessments, but that applies to the tax issues themselves, not complaints about preparers. For your 2020 return situation, you can absolutely still file a complaint if you just discovered the problem. Just be sure to include all relevant documentation showing when you discovered the issue and any correspondence with your preparer about it.

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Mateo Warren

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Has anyone successfully had their tax preparer cover the actual tax amount owed too? My preparer completely missed reporting my crypto transactions which led to a $4500 bill plus penalties. They're offering to cover penalties but saying the tax is my responsibility even though I gave them all my transaction records.

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Sofia Price

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Generally, you're still responsible for the actual tax amount regardless of who made the error. The preparer typically only covers penalties and interest. The reasoning is that you would have owed that tax anyway if the return had been filed correctly the first time.

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Grace Thomas

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I'm dealing with a similar situation right now with my 2022 return where my preparer missed some Schedule C deductions, resulting in a $3,200 bill from the IRS. What really helped me was documenting everything in writing - I sent an email to my preparer summarizing their verbal admission of the error and asking them to confirm their plan to resolve it. One thing I learned is to ask specifically about their errors and omissions insurance policy limits. Some smaller firms have lower coverage amounts that might not fully cover larger mistakes. Also, if you're not getting satisfactory responses, consider reaching out to your state's board of accountancy even though they're EAs - they sometimes handle complaints about tax preparers operating in the state. The silver lining in my case was that when I had to review everything so carefully, I actually found a few legitimate deductions my preparer had missed in previous years too. Might be worth having someone else review your past returns once this gets resolved.

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