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Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 15588
Experience:  Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
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I have fired my tax accountant, yet he will not return my tax

Resolved Question:

I have fired my tax accountant, yet he will not return my tax information so that I can give it to another accountant that I have hired. Is this against the law? And, if so, what statute or regulation does it fall under? I need to know what that law states. Please help me.
Submitted: 1 year ago.
Category: Tax
Expert:  Megan C replied 1 year ago.

MyVirtualCPA :

Thanks for asking your question! I'm sorry to hear about your tax issue and I'm going to try my best to help you understand or resolve it.

MyVirtualCPA :

What information will your preparer not give you?

MyVirtualCPA :

Is it copies of your records such as bank statements or receipts, or is it the tax workingpapers that they created when calculating your tax liability?

MyVirtualCPA :

Also, are you current with all your bills to this tax preparer

Customer:

Apparently, I had a 2010 deficiency, which had a deadline of last week. I sent him the deficiency notice 8 months ago and he never responded (after numerous requests for a response), so I just paid it.Laura and Linda's 2011 NYS desk audit, and both 2012 tax filings) will be transferred to a new accountant.


 


2. The current outstanding invoices will be paid.


 


3. They are requested to be available (and will be) for any clarifying questions that the new accountant may have.


 


May I furnish them with Barbara's information?


 


As an aside, they advise that the NYS desk audit was not triggered by any mistake on the part of the prior accountant, merely the discrepancies between the name on the 1098s (statement of interest paid) and the actual returns filed. Although this was the same situation as prior years, New York State has significantly increased the number and scope of audits because they are desperate for revenue. NYS has confirmed they are aware work is being done to respond to the audit, and there are no amounts due or deadlines looming

MyVirtualCPA :

If you are current with your payment to the tax preparer, and they will not give you copies of your tax returns and copies of your original records (such as bank statements, receipts - anything that you yourself provided them) then they are in violation of the AICPA code of Ethics, section 501 which is Acts Discreditable

MyVirtualCPA :

http://www.aicpa.org/Research/Standards/CodeofConduct/Pages/et_500.aspx

Customer:

Perfect. That is what I wanted to know. The next question is... Is he in violation of the law for not retuning our tax information whether or not we paid him. That is, if he did not perform the services, am I required to pay him prior to releasing our taxes? Or, can he hold them hostage, not perform, and be able to require payment before release?

MyVirtualCPA :

They are also in violation of the New York State Accountancy Regulations 29.1

MyVirtualCPA :

http://www.nysscpa.org/prof_library/ethics/accregs.htm

MyVirtualCPA :

He must give you back anything that you personally gave him, and any tax return that was actually filed. IF you have a tax return that has not been filed, and you have not paid for that service, he does not have to release that tax return

Customer:

I have paid for everything, including the audit in 2010. I just want my information back.

MyVirtualCPA :

Then they have to give it to you. They do not have to give you their audit workpapers, or their tax workpapers, but anything you provided them plus your tax return and audited financial statements they must give you

MyVirtualCPA :

If you have paid them.

MyVirtualCPA :

Also, he can charge a fee for a copy of your tax return or audit.

MyVirtualCPA :

They are in violation of state accountancy regulations and also AICPA ethics rules if they do not.

MyVirtualCPA :

Is there anything else that I can assist you with today?

MyVirtualCPA :

If not, please rate my response as "excellent" so that I may receive credit for assisting you today

Customer:

Excellent - and thank you.

MyVirtualCPA :

Please rate my response using the feature at the bottom of your screen. This ensures I receive credit for assisting today. Thanks

Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 15588
Experience: Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
Megan C and 3 other Tax Specialists are ready to help you
Expert:  Megan C replied 1 year ago.
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Expert:  Megan C replied 1 year ago.
Laura,

Thanks for the opportunity to assist! If you would, please use the rating feature on your screen to rate my response as "excellent' so that I may receive credit for assisting you today. Thanks again for using JustAnswer.com, and best of luck with your tax preparer/accountant. Hopefully they will give you your information once you cite the applicable rules and laws they have broken. Thanks!

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Megan C
Megan C
Tax Professional
15588 Satisfied Customers
Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level