Tax returns preparation is one of the key financial duties of any company and individual. However, even with professional help from tax preparer services, mistakes may occur. The smallest mistake in data entry, missing deductions, wrong income reporting or tax credit may result in notices from the IRS, additional tax payment, interest, or penalties. In such a situation, most taxpayers start to question whether it is their responsibility or that of the tax preparer and what to do next.
In this blog, we will consider who is responsible in case of mistakes in the tax return, how to differentiate between mistakes of tax preparers and taxpayers, the process of correction of inaccurate tax return, the response of the IRS to filing mistakes, and some methods for avoiding such situations in the future.
Who Is Responsible When Tax Preparer Services Make an Error
Just because one hires a professional to prepare his or her tax return, this does not mean that there is a delegation of responsibility for the submission of the information to the IRS. Tax professionals are supposed to prepare tax returns in accordance with professional standards, but taxpayers are responsible for checking whether their returns are prepared correctly.
In general, responsibility will differ in regard to whether the error occurred due to the wrong information being presented by the taxpayer or by the mistake made by the professional who prepared the return.
The Difference Between Preparer Error and Taxpayer Error
Errors do not all emanate from one common point. While some errors arise due to lack of complete and accurate data from the taxpayer, others arise due to errors during preparation.
A tax preparer error may include:
- Mathematical or calculation mistakes
- Incorrect filing status
- Failure to claim eligible deductions or credits
- Entering inaccurate figures despite receiving correct documentation
- Filing the wrong tax forms
In contrast, taxpayer errors commonly involve:
- Omitting income documents
- Providing incorrect business records
- Failing to disclose investments or assets
- Missing supporting documentation
|
Type of Error |
Primary Responsibility |
Example |
|
Preparer Error |
Tax preparer |
Incorrect calculation using accurate client documents |
|
Taxpayer Error |
Taxpayer |
Missing a Form 1099 or W-2 |
|
Shared Error |
Both parties |
Client overlooked information and preparer failed to identify inconsistencies |
While the error may have been caused by the preparer, in most cases, the responsibility to pay the additional tax due is placed on the shoulders of the taxpayer by the IRS. The possibility that the taxpayer will recover costs from the preparer depends on various issues.
Key Takeaway: Hiring a professional reduces risk but does not eliminate your obligation to review your return before it is filed.
Steps to Take If You Spot a Mistake
Making a discovery post-filing is a tough situation, but quick action will likely lead to fewer penalties and interest payments. The course of action to take depends on what caused the error and whether the IRS has contacted you about it.
Rather than letting the problem compound, you should look over your return and speak to your preparer.
How Tax Preparer Services Are Required to Correct Errors
If you believe your preparer made a mistake, begin by discussing the issue with them. Reputable firms typically review the return, explain what happened, and determine whether correcting a tax return through an amended filing is necessary.
Many professional preparers also maintain quality control procedures that include:
- Reviewing the original return.
- Comparing it with supporting documentation.
- Identifying the source of the error.
- Preparing any required amended return.
- Assisting with IRS correspondence when appropriate.
When it is needed to file an amended tax return, assistance in completing IRS Form 1040-X or an amended business return may be provided by the preparer.
It should be understood that tax return preparers are subject to IRS requirements with respect to return preparation. Violation of these requirements leads to imposing of the penalty on tax return preparers in case they do not comply with the standard requirements, including the imposition of penalties for unreasonable positions, reckless or willful actions, among others, under the Internal Revenue Code.
Practical Checklist After Finding an Error
Use the following checklist if you discover a mistake:
- Review the IRS notice carefully, if one was received.
- Compare the return with your financial records.
- Contact your preparer immediately.
- Determine whether an amended return is necessary.
- Respond to IRS deadlines promptly.
- Keep copies of all communications and supporting documents.
Quick Tip: Correcting mistakes early generally reduces accumulated interest and may help avoid additional enforcement actions.
What the IRS Does When It Finds an Error
The Internal Revenue Service uses both automated and manual processes in order to detect any discrepancies within the tax return forms. An audit does not always follow an error made on the tax return form.
Common IRS responses include:
- Correcting simple mathematical mistakes automatically.
- Sending notices requesting additional documentation.
- Assessing additional taxes.
- Charging interest on unpaid tax balances.
- Applying an IRS penalty for tax mistakes when appropriate.
The severity of the IRS response depends on factors such as:
|
Situation |
Possible IRS Action |
|
Math error |
Automatic correction |
|
Missing income |
Notice requesting payment or explanation |
|
Incorrect deductions |
Additional review and possible adjustment |
|
Significant discrepancies |
Examination or audit in some cases |
A notice from the IRS does not necessarily mean that you have been subjected to an audit. Most notices from the IRS are just asking for some clarifications or explaining any changes made by the IRS due to information obtained from your employer or bank.
In case additional taxes are assessed by the IRS, then the interest will still continue accruing until payment is made. Penalties may also be assessed depending on the situation, although there may be some situations where penalties may be waived.
How to Avoid Repeat Mistakes Going Forward
Though every tax preparation procedure has its risks, business entities and individual taxpayers alike can minimize the chances of mistakes occurring in the future through better practices and consulting with competent professionals.
Proper tax preparation starts way before the tax-filing season commences. It takes good record keeping and regular reviews to avoid problems when filing.
Consider these best practices:
- Keep accurate bookkeeping throughout the year.
- Save receipts and supporting documentation.
- Reconcile financial statements regularly.
- Review every tax return before signing.
- Ask questions whenever something appears unfamiliar.
- Choose experienced professionals with expertise relevant to your business.
- Maintain copies of filed returns and IRS correspondence.
Best Practices Summary
|
Best Practice |
Benefit |
|
Maintain organized records |
Reduces missing information |
|
Review every return |
Identifies errors before filing |
|
Respond promptly to IRS notices |
Prevents additional penalties |
|
Work with experienced professionals |
Improves filing accuracy |
|
Schedule periodic tax planning |
Minimizes surprises during filing season |
It is also important for businesses to view tax preparation as a continuous activity, rather than as a single annual activity. Regular contact with the tax advisor throughout the year will allow any problems to be detected before filing the return.
No tax preparer can assure that there will not be errors on the return. However, a professional who follows proper review procedures can minimize the risk of errors.
Although mistakes may occur even if a professional prepares the taxes, this does not have to create a financial issue that will last for a long time. Knowing who is at fault for the mistakes and responding to the problem immediately is a key factor in avoiding further complications. Businesses can avoid such situations in the future by keeping up with record-keeping practices and properly preparing their tax returns.
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