The tax preparer will not return our tax papers to bring to another tax preparer. In turn, this tax return has not yet been filed and the tax preparer is going on a two-week vacation and will not return until the end of October. What recourse is there?
The preparer is not allowed to hold your original documents in a fee dispute.
Circular 230 governs all paid tax preparers. I've copied the relevant section below.
§ 10.28 Return of client’s records.
(a) In general, a practitioner must, at the request of
a client, promptly return any and all records of the
client that are necessary for the client to comply with
his or her Federal tax obligations. The practitioner
may retain copies of the records returned to a client.
The existence of a dispute over fees generally does
not relieve the practitioner of his or her responsibility
under this section. Nevertheless, if applicable state
law allows or permits the retention of a client’s records
by a practitioner in the case of a dispute over
fees for services rendered, the practitioner need only
return those records that must be attached to the taxpayer’s
return. The practitioner, however, must provide
the client with reasonable access to review and
copy any additional records of the client retained by
the practitioner under state law that are necessary for
the client to comply with his or her Federal tax obligations.
I hope this helps.
Gary
The tax preparer has to return any documents that you gave to him upon request. But without payment, he is under no obligation to give you documents that he prepared.
If your preparer is in Oregon or California, you should report him to the licensing bureau for those states. In other states, you would have to take him to court.
The only thing you can do is pay the fee. The prepare took the time to prepare your tax return thinking you were an honest person.
Too bad for you that he is going on a two week vacation. You have plenty of time to pay him his fee and get your return filed.
good luck! pay up!
You cannot expect him to turn over his work if YOU have not paid him for it. If someone provided you a service, you must pay for it. Besides if he is on vacation, what are you expecting him to do? Come home early JUST for you???
They aren't required to file the return, or to give you a copy of their work. They do have to give you back your tax papers if you ask for them.
Ooh, he won't return until the end of October! Well since you're in the United States don't you have till April 15th? Plenty of time to come up with the money. Don't forget they know how much you make.
A tax return preparer can refuse to give you your completed returns until he is paid for his work but can't hold your own records for ransom.
Pay the fees. You asked for their services.