can tax attorney figure out where taxes got messed up

by Tyson Lind DDS 7 min read

"The attorney can likely work out a deal with the IRS for payment of the tax debts in installments or an offer in compromise whereby the taxpayer pays less than the full amount of IRS taxes, penalties and interest due," he says. Put another way: Tax attorneys know tax law in ways that accountants do not.

Full Answer

How can a tax attorney help you pay the IRS?

And if you forgot to send in a document, the IRS will usually reach out in writing to request it. If the issue is a small one, the best thing you can do is wait until the IRS has fully processed ...

Do tax attorneys know tax law?

Mar 21, 2021 · If your tax return or refund was affected by the error, you’ll also need to complete Form 14157-A ("Tax Return Preparer Fraud or Misconduct Affidavit"). If …

What should I do if I find an error in my taxes?

Feb 10, 2011 · When Your Income Tax Expert Lets You Down. It can come as a shock when you discover that the person you trusted to do your income taxes didn’t do a great job. You may feel anger, resentment, stress, and fear. After all, the IRS has a great deal of power: they can audit you, levy your bank accounts, and impose significant penalties – and you ...

Do I need a tax attorney to prepare a tax return?

Apr 17, 2015 · If you correctly owe additional tax because of a return preparer error, then that is what you owe. The damages caused by the preparer are only the additional penalty and interest you may have to pay, since you should have owed the tax anyway. You might ask the preparer to refund you the penalty and interest you paid, or the fee you paid him.

What happens if your tax information is wrong?

If you made a mistake on your tax return, you need to correct it with the IRS. To correct the error, you would need to file an amended return with the IRS. If you fail to correct the mistake, you may be charged penalties and interest. You can file the amended return yourself or have a professional prepare it for you.

Who is liable if tax preparer makes mistake?

If your tax preparer makes a mistake resulting in you having to pay additional taxes, penalties or interest, you have to pay these fees — not your tax preparer. Since it is your tax returns, it's your responsibility.Mar 28, 2019

How do you fix your taxes that have been filed incorrectly?

Use Form 1040-X, Amended U.S. Individual Income Tax Return, and follow the instructions. You should amend your return if you reported certain items incorrectly on the original return, such as filing status, dependents, total income, deductions or credits.Feb 24, 2022

What if my tax preparer did my taxes wrong?

If the error seems to be the result of an honest mistake, you can ask your preparer to take the necessary corrective steps, including filing an amended return. When the mistake results in fees or penalties, the service provider will often compensate the customer directly in order to smooth things over.

Can you sue a tax preparer?

A client may pay penalties and then sue for compensation if they deem that the penalties arose from your negligence. Other times, tax penalties are the taxpayer's fault. They may provide incorrect supporting documentation or try to conceal information.Apr 18, 2022

Will you get audited if you use a tax preparer?

The odds may go down because the tax preparer is generally more familiar with the tax system, but you can run into unscrupulous professionals as well. When it comes to audits, the IRS doesn't audit based on who filled out your tax return and you need to follow the rules in any event.Nov 30, 2017

Does the IRS catch all mistakes?

Does the IRS Catch All Mistakes? No, the IRS probably won't catch all mistakes. But it does run tax returns through a number of processes to catch math errors and odd income and expense reporting.Mar 16, 2022

How will you know if there was an error on your tax return and the IRS has made a change?

The IRS is considering changing an amount on your tax return, due to an examination after it processed your tax return. This is called an audit. If it audits your return, the IRS will notify you by mail, and the notice will tell you if the audit will be handled by mail or in person.Feb 18, 2022

Is there a penalty for filing an amended tax return?

If you amend your return before it is due (before April 15), then your amendment is timely, and no interest or penalty will accrue. Also, the IRS can be quite reasonable, especially for a first-time mistake. Attach a statement with your amended return, and specifically ask for an "abatement" of any penalty.

Is accountant liable for tax mistakes?

The IRS doesn't care if your accountant made a mistake. It's your tax return, so it's your responsibility. Even though you hired an accountant, you are liable to the IRS for any mistake. So, if the IRS adjusts your tax liability and say you owe more money, it'll be you who has to pay, not your accountant.Mar 24, 2015

Can my tax preparer steal some of my refund?

Not only could a scam tax preparer steal your refund, but he or she could also use your personal information to get government benefits or loans in your name.Mar 5, 2021

How long does a tax preparer have to notify a client that their return was rejected?

The IRS notifies the Electronic Return Originator (ERO) when the return is accepted, usually within 15 minutes or less but typically not more than 48 hours. If the return was not accepted, the IRS notifies the ERO of the reasons for rejection.Dec 10, 2019

Who is Daniel Kurt?

Daniel Kurt is an expert on retirement planning, insurance, home ownership, loan basics, and more. Daniel has 10+ years of experience reporting on investments and personal finance for outlets like RothIRA.com, AARP Bulletin, and Exceptional magazine, in addition to being the "Bank of Dad" column writer for Fatherly.com. He earned both his Bachelor of Science in business administration and his Master of Arts in communication from Marquette University.

What to do if you find an error in your tax return?

Accountants, lawyers, and enrolled agents are highly qualified for the job of tax preparation. If you find an error in your taxes, file an amended return as soon as you can. If you suspect misconduct on the part of your preparer, file a complaint with the IRS. Yet some filers find that the professionals can make mistakes, too.

Brian W. Erikson

You will need another tax preparer who will be willing to testify that the first one committed errors that it should have avoided. If you owe taxes and the correct tax preparations show that you owe taxes, the first preparer may only be responsible for interest or penalties that could have been avoided.#N#Good luck.

Jeffrey L. Cohen

Use someone else next time. The first company should reimburse you for any penalties and interest.

Everett R. Buck

If you correctly owe additional tax because of a return preparer error, then that is what you owe. The damages caused by the preparer are only the additional penalty and interest you may have to pay, since you should have owed the tax anyway. You might ask the preparer to refund you the penalty and interest you paid, or the fee you paid him.

Who is Maurie Backman?

Maurie Backman is a personal finance writer who's passionate about educating others. Her goal is to make financial topics interesting (because they often aren't) and she believes that a healthy dose of sarcasm never hurt anyone.

Is a tax preparer a human?

Tax preparers are humans, too, which means that they're not immune to basic mistakes. (Besides, think about it: Some of these folks are absolutely inundated during tax season, and those 60- to 70-hour weeks area apt to catch up with them at some point.) On the other hand, your tax preparer isn't a mind reader, so if you neglected to provide that person with the right information or failed to hand over certain tax forms you received in the mail, then he or she can't be held responsible for an error-ridden return.

How long do you have to file an amended tax return?

On the other hand, it could be that your preparer's mistake results in you overpaying your taxes. In that case, you have up to three years to file an amended tax return stating you're due a refund.

Is a miscalculated deduction a legitimate error?

In other words, a miscalculated deduction is a legitimate error. An attempt to hide income, however, is a whole other story. If you're dealing with the latter and were completely unaware of what your preparer tried to do, you may want to notify the IRS as well as whatever professional organization that person is associated with, such as the American Institute of Certified Public Accountants or the National Association of Enrolled Agents.

Is a C corp taxed?

For instance, if you make your business an S-corp, the business itself isn't actually taxed. You would report the income on your personal tax returns. Conversely, with a C-corp, the business is taxed. And if you make your business an LLC, you'll be protected from personal liability if somebody would want to sue your business.

What to do if you owe money?

But if you owe a significant amount of money, you might want to hire a tax attorney to help you work out a formalized agreement with the government , according to Brian Thompson, a certified public accountant and tax attorney in Chicago.