Tax Preparer Penalty Due Diligence Attorney Atlanta Georgia
If you are a tax preparer facing a due diligence audit by the IRS, then, you might be concerned about some of the deductions that you have given your clients. The most common deductions that we have seen causing trouble for our clients are:
Earned Income Tax Credit (EITC)
American Opportunity Tax Credit (AOTC)
Child Tax Credit (CTC)
Additional Child Tax Credit (ACTC)
Credit for Other Dependents (ODC)
Head of household filing status (HOH)
A few of the credits mentioned above are the result of your clients giving you information that does not truly belong to them. For instance, if a client give you the social security number of a child that they claim to be their own, you may not second guess that information. However, the problem arises when that child’s social security number appears on another person’s tax return.
Head of household filing status is a given in terms of the large standard deduction. Just because somebody is single and runs their own household does not allow them to use this status. They must have dependents that also live with them for more than half of the year.
SCHEDULE C – IRC § 6700 – Promoting abusive tax shelters
Schedule C brings into question your scheme to prepare fraudulent tax returns. When each return looks the same (deductions are of the same kind) and the result is the same (net negative), it’s time to create transparency in your own understanding of tax returns and tax laws. If your investigation becomes criminal, you will want to show your intent to create legitimate tax returns.
Here are a list of penalties that the IRS has published that normally pertain to our clients:
IRC § 6694 – Understatement of taxpayer’s liability by tax return preparer.
IRC § 6694(a) – Understatement due to unreasonable positions. The penalty is the greater of $1,000 or 50% of the income derived by the tax return preparer with respect to the return or claim for refund.
IRC § 6694(b) – Understatement due to willful or reckless conduct. The penalty is the greater of $5,000 or 75% of the income derived by the tax return preparer with respect to the return or claim for refund.
IRC § 6695 – Other assessable penalties with respect to the preparation of tax returns for other persons.
IRC § 6695(a) – Failure to furnish copy to taxpayer. The penalty is $50 for each failure to comply with IRC § 6107 regarding furnishing a copy of a return or claim to a taxpayer. The maximum penalty imposed on any tax return preparer shall not exceed $26,000 in a calendar year.
IRC § 6695(b) – Failure to sign return. The penalty is $50 for each failure to sign a return or claim for refund as required by regulations. The maximum penalty imposed on any tax return preparer shall not exceed $26,000 in a calendar year.
IRC § 6695(c) – Failure to furnish identifying number. The penalty is $50 for each failure to comply with IRC § 6109(a)(4) regarding furnishing an identifying number on a return or claim. The maximum penalty imposed on any tax return preparer shall not exceed $26,000 in a calendar year.
IRC § 6695(d) – Failure to retain copy or list. The penalty is $50 for each failure to comply with IRC § 6107(b) regarding retaining a copy or list of a return or claim. The maximum penalty imposed on any tax return preparer shall not exceed $26,000 in a return period.
IRC § 6695(e) – Failure to file correct information returns. The penalty is $50 for each failure to comply with IRC § 6060. The maximum penalty imposed on any tax return preparer shall not exceed $26,000 in a return period.
IRC § 6695(f) – Negotiation of check. The penalty is $520 for a tax return preparer who endorses or negotiates any check made in respect of taxes imposed by Title 26 which is issued to a taxpayer.
IRC § 6695(g) – Failure to be diligent in determining eligibility for earned income credit, child tax credit, additional child tax credit, other dependent credit, American opportunity credit and/or the head of household filing status. The penalty for returns filed in 2019 is $520 for each failure on each return.
IRC § 6700 – Promoting abusive tax shelters
The penalty is for a promoter of an abusive tax shelter and is generally equal to $1,000 for each organization or sale of an abusive plan or arrangement (or, if lesser, 100 percent of the income derived from the activity).
IRC § 6701 – Penalties for aiding and abetting understatement of tax liability.
The penalty is $1000 ($10,000 if the conduct relates to a corporation’s tax return) for aiding and abetting in an understatement of a tax liability. Any person subject to the penalty shall be penalized only once for documents relating to the same taxpayer for a single tax period or event.
IRC § 6713 – Disclosure or use of information by preparers of returns.
The penalty is $250 for each unauthorized disclosure or use of information furnished for, or in connection with, the preparation of a return. The maximum penalty on any person shall not exceed $10,000 in a calendar year.
IRC § 7206 – Fraud and false statements.
Guilty of a felony and, upon conviction, a fine of not more than $100,000 ($500,000 in the case of a corporation), imprisonment of not more than three years, or both (together with the costs of prosecution).
IRC § 7207 – Fraudulent returns, statements, or other documents.
Guilty of a misdemeanor and, upon conviction, a fine of not more than $10,000 ($50,000 in the case of a corporation), imprisonment of not more than one year, or both.
IRC § 7216 – Disclosure or use of information by preparers of returns.
Guilty of a misdemeanor for knowingly or recklessly disclosing information furnished in connection with a tax return or using such information for any purpose other than preparing or assisting in the preparation of such return. Upon conviction, a fine of not more than $1,000, imprisonment for not more than 1 year, or both (together with the costs of prosecution).
IRC § 7407 – Action to enjoin tax return preparers.
A federal district court may enjoin a tax return preparer from engaging in certain proscribed conduct, or in extreme cases, from continuing to act as a tax return preparer altogether.
IRC § 7408 – Action to enjoin specified conduct related to tax shelters and reportable transactions
A federal district court may enjoin a person from engaging in certain proscribed conduct (including any action, or failure to take action, which is in violation of Circular 230).
Tax Preparer Penalty Due Diligence Attorney Atlanta Georgia