Question

Who may be affected by monetary penalties imposed by the Internal Revenue Service when a Tax Professional fails to meet due diligence requirements?

Answer 1

Answer:

Both the tax practioner and the assessee will be liable for penalties under IRS 6695(a)

Explanation:

When a tax preparer is paid to arrange the tax return of a client they must follow preparer due diligence laws.

This is the case when the preparer is trying to get a refund of earned income tax credit, child tax credit, American opportunity tax credit, or filing of head of household status.

The effect on the tax preparer's client include:

- refund of amounts collected in error because of wrong return

- a two year ban from claiming credits if error is due to recklessness

- a ten year ban if error is as a result of fraud

The consequences for the tax preparer includes:

- for each requirement not met a $500 penalty

- suspension from the IRS e-file

- a ban from tax preparations

- in cases of fraud criminal charges can be made