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IRS Warns Taxpayers to Choose Tax Preparers Wisely

Washington, D.C. (February 5, 2013)

By Michael Cohn

The Internal Revenue Service is telling taxpayers to check the qualifications of tax preparers and their history in the aftermath of a stinging defeat in the court.

Last month, the Judge James E. Boasberg of the U.S. District Court for the District of Columbia ruled that the IRS has overstepped its statutory authority in requiring tax preparers to take mandatory competency exams and continuing education programs (see Court Rules IRS Doesn’t Have the Authority to Regulate Tax Preparers). He re-affirmed his earlier ruling last Friday, while making some clarifications allowing the IRS to re-open its Preparer Tax Identification Number registration system and allow preparers to take competency tests and continuing education on a voluntary basis (see Court Modifies Ruling Invalidating Tax Preparer Regulations).

On Tuesday, the IRS issued a Tax Tips email urging taxpayers to choose their preparers carefully. “Even if someone else prepares your return, you are legally responsible for what is on it,” the IRS warned.

The IRS then offered 10 tips to keep in mind when choosing a tax return preparer:

1. Check the preparer’s qualifications. All paid tax return preparers are required to have a Preparer Tax Identification Number. In addition to making sure they have a PTIN, ask if the preparer belongs to a professional organization and attends continuing education classes.

2. Check on the preparer’s history.  Check with the Better Business Bureau to see if the preparer has a questionable history. Also check for any disciplinary actions and for the status of their licenses. For certified public accountants, check with the state boards of accountancy. For attorneys, check with the state bar associations. For enrolled agents, check with the IRS Office of Enrollment.

3. Ask about service fees. Avoid preparers who base their fee on a percentage of your refund or those who claim they can obtain larger refunds than other preparers can. Also, always make sure any refund due is sent to you or deposited into an account in your name. Taxpayers should not deposit their refund into a preparer’s bank account.

4. Ask to e-file your return. Make sure your preparer offers IRS e-file. Any paid preparer who prepares and files more than 10 returns for clients must file the returns electronically, unless the client opts to file a paper return. IRS has safely and securely processed more than one billion individual tax returns since the debut of electronic filing in 1990.

5. Make sure the preparer is accessible. Make sure you will be able to contact the tax preparer after you file your return, even after the April 15 due date. This may be helpful in the event questions arise about your tax return.

6. Provide records and receipts. Reputable preparers will request to see your records and receipts. They will ask you questions to determine your total income and your qualifications for deductions, credits and other items. Do not use a preparer who is willing to e-file your return by using your last pay stub before you receive your Form W-2. This is against IRS e-file rules.

7. Never sign a blank return. Avoid tax preparers that ask you to sign a blank tax form.

8. Review the entire return before signing. Before you sign your tax return, review it and ask questions. Make sure you understand everything and are comfortable with the accuracy of the return before you sign it.

9. Make sure the preparer signs and includes their PTIN. A paid preparer must sign the return and include their PTIN as required by law. The preparer must also give you a copy of the return.

10. Report abusive tax preparers to the IRS. You can report abusive tax preparers and suspected tax fraud to the IRS on Form 14157, Complaint: Tax Return Preparer. If you suspect a return preparer filed or altered a return without your consent, you should also file Form 14157-A, Return Preparer Fraud or Misconduct Affidavit. Download the forms on the IRS.gov website or order them by mail at 800-TAX-FORM (800-829-3676).

8 Comments

smtcpa

POTS is Insecure transmission of client data, mobile broadband card is INSECURE transmission of client data. If you don't know what secure transmission of client data. We think it is YOU THAT NEEDS TO BE EDUCATED.

Posted by: DDTS | February 13, 2013 6:22 PM

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"Avoid preparers...who claim they can obtain larger refunds than other preparers can." This is an overly abused/used marketing tactic of many franchise tax prep stands!

Posted by: TaylorTaxAndBooks@hotmail.com | February 11, 2013 6:14 PM

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This is good news. If more taxpayers vet out unscrupulous tax preparers, then maybe down the line, regulating fraudsters will become a lesser priority...and increased focus can be made on bringing clarity to the tax code.

Posted by: admin@GoldingTaxSolutions.com | February 6, 2013 6:11 PM

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I have asked people how they can walk in to a tax preparation off ice right off the street and give a complete stranger all that highly personal information. Especially when you think about going to one of the national chains where you don't know if the same person will be there next year Most said they never thought of it that way.

Posted by: 235court | February 6, 2013 12:57 PM

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The 10 point is informative.

Posted by: leevierra1@hotmail.com | February 6, 2013 11:26 AM

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DDTS, I don't understand why you think you need a static IP in order to efile. I have not had one in 10 years and I have been efiling for that long.

Posted by: smtcpa | February 6, 2013 7:14 AM

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The IRS IS DEMANDING WE FILE ELECTRONICALLY but in the rural areas of AMERICA THE telephone companies, cable companies, wifi companies cherry pick the areas they serve. Many preparers CANNOT get a STATIC IP in order to file on the IRS electronic filing system. some of us can only get a dynamic ip address [therefore we haven't filed for an EFIN number] Will the IRS relax its only 10 paper returns rules in case of rural areas....

Posted by: DDTS | February 6, 2013 1:34 AM

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I have had a number of new clients inform me that they have not received a copy of their 2011 return from the preparer. Of the 10 new clients that told me this, 3 claim to hsve reported their refunds directed to the preparers' personal accounts. Two clients had been charged $600 for a 1040A. The remaining 5 clients said their returns were prepared with a free online service and did not want to pay the extra $12 for a copy of their state return. These 5 said the preparer told them that they did not need a copy because it was storeed online.

I have an urban practice. Everyday I find myself turning away prospective new clients because I can't verify dependant statuses. Many relatives house, feed, & clothe, children of drug addicts, incarcerated parents, and homeless kids in Cleveland and surrounding areas. These taxpayers do not have legal custody of their underaged relatives but, they provide total support for these kids while the parents are out in the streets doing their thing. I have the unfortunate task of telling them that they can not claim these dependants without proof of a legal relationship. The legal parents often farm out the dependancy to strangers for the promise of 2-3 hundred dollars in return. Preparers have to be like investigated reporters in ferrating out these fraudulent returns. It takes up a lot of time

Posted by: ElanaFrans | February 5, 2013 11:09 AM

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