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My name is ***** *****, my tax preparer filed my extension…

Customer Question
My name is *****...

My name is ***** *****, my tax preparer filed my extension last year using my old companies EIN instead of my current EIN, this resulted in penalties for a late filing of almost $2000, can he be held responsible? He is an APT

Accountant's Assistant: Thanks. Can you give me any more details about your issue?

I am just trying to find out if a complaint against him is justified. I contacted him and he refuses to absorb or help offset the costs, it was his error

Submitted: 2 years ago.Category: Tax
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2/12/2016
Tax Professional: Lev, Tax Advisor replied 2 years ago
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 32,860
Experience: Taxes, Immigration, Labor Relations
Verified

Your position is absolutely justified - and you have rights to seek a compensation for damages because your tax return was not correctly prepared.
But that is a civil matter between you and your tax preparer - and based on the contractual obligation of parties.

I bet that your tax prepare have some arguments why he should not be responsible...

If you are not able to negotiate - the only resolution would be to sue the tax prepare for damages.

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Customer reply replied 2 years ago
I asked the IRS to waive the penalties and they denied my request, it looks like there is an appeal process, do you think that would be worth a try?
Customer reply replied 2 years ago
I was also thinking about filing a complaint against the tax preparer with the BBB, would that be an appropriate course of action?
Tax Professional: Lev, Tax Advisor replied 2 years ago

That would be penalty abatement request.

You might need a local CPA to help you with such request.

You would need to state the type of the penalty relief you are requested and support your position that you qualify for THAT relief.

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Tax Professional: Lev, Tax Advisor replied 2 years ago

For instance -

You may qualify for administrative relief from penalties for failing to file a tax return, pay on time, and/or to deposit taxes when due under the Service's First Time Penalty Abatement policy (FTA) if the following are true:

  • You didn’t previously have to file a return or you have no penalties for the 3 tax years prior to the tax year in which you received a penalty.
  • You filed all currently required returns or filed an extension of time to file.
  • You have paid, or arranged to pay, any tax due.

Another possible option would be Reasonable Cause Penalty Relief.

See more details in the following document

https://www.irs.gov/irm/part20/irm_20-001-001r-cont01.html

.

I appreciate if you take a moment to rate the answer.
Experts are ONLY credited when answers are rated positively.
If you still have any doubts, need clarification - please be sure to ask.
I am here to help you with all tax related issues.

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