< Back to IRS

Tax Preparer Won't Respond - Need 1040-X Amended Return Before 30-Day Deadline to Avoid $5k Penalty

According to IRS Regulation 26 CFR § 301.6402-2, I need to get my 2023 taxes amended ASAP. The owner of the tax preparation business that prepared my original return stated she would handle the amendment since the preparer who did my taxes no longer works there. However, she claims she can't access the previous employee's software or files to view my return, so I sent over my tax transcripts as requested. Now she's completely unresponsive. I need this amendment completed before my 30-day deadline expires to avoid a substantial understatement penalty under IRC Section 6662 which could result in a $5,000 charge! As a student with limited income, this would be financially devastating. What are my options here? Can I file the 1040-X myself? Should I report the tax preparer? I've read Publication 5027 but still unsure of next steps.

Miguel Alvarez

You may have several options here, but you'll need to act quickly. First, it's generally possible for you to file your own 1040-X amendment, though it might be challenging without the original return details. In most cases, you can obtain a complete copy of your filed return by requesting a tax return transcript through the IRS website or by filing Form 4506-T. This would potentially give you what you need to complete the amendment yourself. Alternatively, you could possibly find another tax professional to help, though they might charge an additional fee since they didn't prepare the original return. The 30-day deadline you mentioned is likely related to a CP2000 notice or audit finding, which does indeed have significant consequences if missed.

0 coins

-

Zainab Yusuf

Thanks for this information! If I request the tax return transcript, how long will it take to receive it? Will it show all the details that were on my original return or just a summary? I'm worried I won't have enough time to both get the transcript AND file the amendment before the deadline hits.

0 coins

-

14d

Connor O'Reilly

I was in this exact situation back on April 12th last year. Got ghosted by my preparer and had to scramble. Ended up requesting my wage and income transcript online and filing the amendment myself. It was stressful but doable - and I avoided the penalty! The online transcript request was processed within 24 hours for me, which was a lifesaver.

0 coins

-

13d

Yara Khoury

I went through something similar last year when my tax guy suddenly closed his office. What saved me a ton of money was going to a local VITA (Volunteer Income Tax Assistance) site. They helped me with my amendment for FREE! As someone who watches every dollar, this was a huge relief. They have IRS-certified volunteers who can help if your income is under $60,000. I brought my ID, Social Security card, and whatever tax docs I had. They even helped me pull my transcript right there! Just check the VITA locator on irs.gov to find one near you - but call first since some locations have limited availability this late in the season.

0 coins

-

Keisha Taylor

Be careful about DIY amendments if there's a large penalty at stake. According to the stats on IRS.gov/statistics, amended returns have a significantly higher audit rate than regular returns. I've seen cases in r/tax where people tried to amend themselves to fix one issue but accidentally created new problems that triggered additional penalties. If you're dealing with a CP2000 notice or similar issue with a tight deadline, you really need someone who knows what they're doing. Check the Taxpayer Advocate Service website (taxpayeradvocate.irs.gov) - they have resources for situations exactly like yours where you're facing a significant hardship due to tax preparer issues.

0 coins

-

StardustSeeker

Don't you hate when tax preparers just disappear when you need them most? Why do they think it's okay to leave us hanging with these insane deadlines and penalties? I was in a similar situation last month trying to reach the IRS about an amendment deadline. Spent HOURS on hold and never got through. Finally used Claimyr (https://youtu.be/_kiP6q8DX5c) to connect with an agent in about 15 minutes. They confirmed I could get an extension on my amendment deadline by submitting a specific form. Might be worth trying to speak directly with the IRS about your options? At least then you'd know exactly what deadline you're facing and what your options really are.

0 coins

-

Paolo Marino

OMG I'm so glad I saw this post! I actually found a much easier solution when I was in this exact situation. You don't even need the original tax preparer! I'm SO relieved to tell you that you can download your FULL tax transcript directly from the IRS website using their Get Transcript tool. It shows EVERYTHING that was filed on your original return! I was amazed when I discovered this! Just go to IRS.gov, use the Get Transcript tool, verify your identity, and download both the "Return Transcript" and the "Account Transcript" for 2023. The return transcript shows what was on your original return, and the account transcript shows any changes or notices. With these documents, any competent tax preparer can help you file the amendment - you're not stuck with your original preparer at all!

0 coins

-

Amina Bah

According to IRS Publication 4895, the tax return transcript doesn't actually show all the supporting forms and schedules from the original return, correct? For example, if the amendment needs to modify Schedule C business expenses or itemized deductions on Schedule A, would those details be visible on the transcript? I'm concerned about meeting the requirements of IRC Section 6001 regarding maintaining adequate records for tax reporting.

0 coins

-

10d

Oliver Becker

Success story from someone who faced the exact same issue: • Got a CP2000 notice requiring amendment within 30 days • Original tax preparer went MIA • Called IRS at 1-800-829-1040 and explained situation • They granted me a 30-day extension to file the 1040-X • Found new preparer through local CPA society • Submitted amendment with 2 weeks to spare • Penalty completely waived The key was documenting my attempts to contact the original preparer (screenshots of unanswered emails/texts) and explaining the situation to the IRS. They can be reasonable if you're proactive!

0 coins

-

Natasha Petrova

Here's what you need to do step-by-step: 1. First, immediately call the phone number on whatever notice you received that established this 30-day deadline. Explain your situation and request an extension. 2. Second, file a complaint against the tax preparer with the IRS using Form 14157 (Complaint: Tax Return Preparer). This creates a paper trail showing you're trying to resolve the issue. 3. Third, request your Wage and Income Transcript AND Tax Return Transcript from IRS.gov using the Get Transcript tool. These will show what was filed. 4. Fourth, take these transcripts to a different tax professional - preferably an Enrolled Agent or CPA who specializes in amendments and IRS notices. 5. Finally, if the amendment is complex, consider requesting a Collection Due Process hearing which can buy you more time and potentially reduce penalties. Don't panic about the $5,000 - that's likely the maximum potential penalty, not what you'll actually be assessed if you're making a good faith effort to correct the return.

0 coins

-

Javier Hernandez

I recommend utilizing Form 911 (Taxpayer Advocate Service Application) in conjunction with your amendment. When facing a substantial understatement penalty under IRC 6662 with a non-responsive preparer, this qualifies as a financial hardship situation under TAS guidelines. Last year, I assisted a client with nearly identical circumstances - original preparer unavailable, 30-day deadline looming, potential $4,700 accuracy-related penalty. We filed Form 911 citing "immediate threat of adverse action" and received expedited processing plus penalty abatement under First-Time Abatement (FTA) program. The key identifier on your transcript would be TC 922, which indicates TAS involvement. This approach has approximately 78% success rate based on recent TAS outcome statistics.

0 coins

-