Q: Tax guy forgot to file my taxes now I owe 1,500. He admits to the delay. Can I get compensation from him?
My tax preparer forgot to file my taxes. I have emails spanning 3 months where I repeatedly asked about my taxes, but he didn’t respond. He did confirm receipt of my documentation on April 12th, the day after I sent it to him on April 11th. I also have phone records where I called in, and he assured me that my taxes were being prepared, yet it still took several months.
In July, I called again because I hadn’t seen any payment taken out by the IRS. He was surprised my taxes weren’t done and completed them that day—3 months after the filing deadline. As a result, I now have a $1,500 penalty from the IRS.
Is there anything I can do legally, as this penalty is clearly due to his negligence and forgetfulness? I have detailed email records, including one where he admits partial responsibility for the "extended" delay.
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A:
You may be able to seek compensation from your tax preparer due to the clear negligence and delays that caused you to incur a $1,500 penalty. Since you have documentation showing your attempts to follow up and his admission of partial responsibility, you might have a solid case for holding him accountable for the financial damages caused.
Start by asking your tax preparer to cover the penalty directly, as this could resolve the issue without escalating it further. If he refuses, you can consider filing a complaint with the relevant professional board or association he is a part of.
If that doesn’t lead to a resolution, small claims court is an option, where you can present your evidence, including the emails and phone records, to seek compensation for the penalty.
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