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私の愛 | Aunt being audited, here is the situation...? |
I was just wondering, how can a person be audited if they are not the tax preparer themselves? What can a person do to prevent having to owe money to the IRS if the 3rd party preparer did not have them sign any documents?
The situation is that a local company did my aunt's taxes. My aunt went into the company and dropped her information off. The guy called her like 6 days later and told her that her check was ready for pick up. She came in picked up her check, paid him and left. Then she receives a letter in the mail today saying that she was going to be audited. She doesn't know why. She doesn't understand doing taxes which is why she went and had someone else do them.
What should she do?
Additional Details
Oh yeah, she saw that the guy gave her dependants after the fact, but she didn't know what they are as she normally files, single, head of household. |
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ocbound5
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First, not to worry. As long as she is on the up and up she is ok.
Secondly, pending on the company used certain firms offer protection against being Audited.
Thirdly, if the preparer did something wrong they can be held liable. That is why when a CPA or Firm (HR Block etc...) sign doc's they use their number associated with the IRS.
Lastly, it could be just a random audit. Yes those do happen...
That is extremely bezarre... Did she get a Rapid Refund Loan? As per the dependents that is shady. As someone that has performed too many audits to remember that is a major red flag and will certainly take some clearing up? Court date? Is she meeting with the IRS or were there fraud charges filed? Normally you would just meet with an Agent from the IRS and explain your return, if it's court you will certainly want to contact an Attorney that specializes in Taxes.
Off the top of my head if she has her previous returns bring them with her. This way you can show you never put them down as dependents before and possibly it could be an oversight on the preparer part.
Regardless is certainly sounds like that would have altered your refund which she prob received more then she deserved and she will more then likely owe that amount back. As per how the IRS will get that money several ways; they could garnish, you could pay lump sum or they put a lien on a property.
All that being said if she has done nothing wrong she has nothing to worry about other then proving her point.
Add:
John good advice... Gave thumbs up |
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Jon S
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Sit back and see what happens. It's too late to go and amend the taxes and remove whatever red-flagged her return. It might also be a random audit, so you never know.
The auditor will review the tax return and the receipts, w2s, and whatever other documents were used by the preparer. They should be able to explain what's going on and what the next step will be.
It could be that your aunt will have to return a portion of her rebate, or everything might be just fine. If there are any penalties, the preparer might be liable for them. |
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Judy1
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First of all, the tax preparer was required to have her sign either the return, or for an efile have her sign a signature form, in order to file legally. If she signed the form when she picked up the check, while the preparer should have had her sign before he filed it, maybe he didn't file until after she was in the second time, so that part would be OK.. If she is sure she didn't sign anything, then she can probably get the return invalidated with the IRS, but if that's the case, then her return is late, so she'd still be liable for penalties and interest - in addition, of course, to whatever taxes were owed in the first place.
A refund from the IRS doesn't come quite that fast in the best of circumstances, so he apparently signed her up for a high fee, high cost loan called a tax anticipation loan.
Apparently he screwed up her tax return, and sounds like it was deliberate. Your aunt is the one who is responsible for the return though, not the preparer.
Does she really have dependents, or not? If not, she can't file as head of household - or claim them as dependents - so she'll have to pay back some money to the IRS..
An audit is a meeting with an IRS agent, not a court date. Unless this has been going on for a long time and she'd been ignoring IRS letters, it isn't a court date.
If she has claimed "dependents" who really aren't, then she'll have to pay back whatever money she got from claiming them. Whether she had any idea what she was doing on her return or not, she still got money she wasn't entitled to, so will have to pay her back.
She can't "cover herself". She should let the IRS know what happened,. but is still going to have to pay the money back. The preparer most likely will, and should, end up in major trouble over this situation. Given that she doesn't understand taxes at all, she'd be wise to consult a professional tax preparer, a CPA or Enrolled Agent, to work with her and the IRS on this - NOT the crook that did her tax in the first place. |
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Clark Kent
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It is obvious that she went to an unscrupulous tax preparer that manufacturers illegal deductions. She will be liable for any underpayment, but the IRS should go after the tax preparer.
In the future she should use a CPA or enrolled agent, both of which are generally qualified and will not be likely to be so unethical since they have a license to protect and cannot receive a license if they have a criminal record. |
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v b
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From the IRS's point of view, your aunt agreed to the tax return and allowed it to be filed. She should have gotten a copy from the preparer and reviewed it. Had she found errors, she should have immediately filed a 1040x.
But, no, she accepted the refund and never looked at the return. By choosing to be ignorant, she accepted the tax return as filed. Clearly if the IRS is questioning 2 "extra" dependents, her refund was possible several $1000s higher than she was used to getting. Again, the dramatic change in amounts should have clued her in that something was different on the return and to review it.
The IRS can accuse her of fraud (and can review tax returns for the last 6+ years) and will not let her just blame the preparer. The tax court is very specific on this. |
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wartz
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IRS audits the taxpayer, not the preparer. The taxpayer is responsible for everything on the return even if it is a bogus item put in by the preparer. After all, she had a chance to look the return over before signing it.
Your aunt need to gather the documentation to support the questioned items on her return. They should be the same things she gave the preparer. |
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Helen, EA in PA
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Mom is the responsible party. She signed the return as correct. If it is not correct, she must pay back what she did fraudently received.
Helen, EA in PA |
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where is everybody?
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then that guy is responsible if he is licensed and he signed the paper as the preparer and it sounds like he did. have her take the paperwork to him. he can't put on anything without her knowing. in order for her to have dependents, he needs their social security numbers. |
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