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Enrolled agent I hired completely botched my tax situation. What are my options now?

I'm at a total loss about where to turn next. I paid a professional to help with my tax situation, but I feel like they've completely dropped the ball, and now I'm not sure if I need tax advice, legal help, or something else entirely. Here's what happened: Back in January 2023, I hired an Enrolled Agent (found them through the National Association of Enrolled Agents website) for two specific reasons: 1. I hadn't filed tax returns for several years, even though taxes were withheld from my paychecks. I wanted them to review my old W-2s, figure out how much I owed the IRS, and represent me in setting up either a lump sum payment or a payment plan. 2. I also needed them to handle my 2022 tax return filing. I paid a $1,250 retainer fee upfront and handed over all my past W-2s. Since then, they've done absolutely nothing on resolving my past tax issues. Their excuse? They'd have to file paper returns and claimed IRS employees were all working remotely due to staffing issues, so paper returns weren't being processed. Maybe that was true in January, but it's definitely not the case now. All they did was give me a rough estimate that I'd owe around $10,500 to the IRS. When I initially hired them, I signed a Form 2848 (Power of Attorney and Declaration of Representative) which allowed them to access my IRS records, disclose to third parties, and add representatives. But it specifically DID NOT authorize them to sign my tax return. Here's where it gets worse - they e-filed my 2022 return without ever letting me review or sign it! They only sent me Form 9325 (Acknowledgement for Electronically Filed Returns) dated 3/20/23, yet the filing deadline was 3/15/23. They claim it was filed on time, but I never even saw what was submitted in my name. What options do I have now? Can I report them somewhere? Should I get a lawyer?

Had something similar happen to me. The first thing you need to do is get a copy of your Wage and Income Transcript and your Account Transcript from the IRS. These will show what's been reported under your SSN and what returns have been filed. You can request these online at irs.gov/transcripts. Once you see what's actually been filed, you'll have a better idea of what you're dealing with. If what was filed is incorrect, you may need to file Form 14157 (Complaint: Tax Return Preparer) AND possibly Form 14157-A (Tax Return Preparer Fraud or Misconduct Affidavit).

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I think the important thing here that others haven't mentioned is checking if what was actually filed was ACCURATE. If the returns they filed are correct, even though they didn't have permission to file, it might be simpler to just accept them and move on to fixing the unfiled years.

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This is absolutely unacceptable professional conduct. As someone who's dealt with IRS issues before, I can tell you that what your EA did - filing your return without your review or signature - is a serious violation that could have major consequences for you. Here's what I'd recommend doing immediately: 1. **Get your transcripts ASAP** - Request your Wage & Income Transcript and Account Transcript from the IRS online. This will show exactly what was filed under your SSN and when. 2. **Document everything** - Keep records of all communications with this EA, your original agreement, and the fact that you never signed Form 8879 for e-filing authorization. 3. **File complaints** - Report them to both the IRS Office of Professional Responsibility AND the National Association of Enrolled Agents. This behavior needs to be on record. 4. **Consider legal action** - Filing tax returns without authorization could potentially be fraud. You might want to consult with a tax attorney, especially since you paid $1,250 for services that weren't properly rendered. The silver lining is that with years of withholding from your paychecks, you may actually be due refunds rather than owing money. Don't let this bad experience discourage you from getting your tax situation resolved properly - just make sure you work with a reputable professional this time who will actually communicate with you and follow proper procedures. You deserve better than this, and there are good tax professionals out there who will treat your situation with the care and transparency it deserves.

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Dylan Cooper

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This is really helpful advice, especially about getting the transcripts first. I'm new to dealing with tax issues like this, but it sounds like documenting everything is crucial. One question - if the EA did file accurate returns (even without permission), would that actually help or hurt when filing complaints against them? I'm wondering if the IRS or NAEA would take it less seriously if the returns themselves were correct, even though the process was completely wrong.

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Kaiya Rivera

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You're definitely not screwed! I was in almost the exact same situation - completely forgot about my 2022 taxes until I was already filing my 2023 ones. The stress was real, but it turned out to be much less of a disaster than I thought. Since you mentioned you think you're owed a refund based on your withholdings, that's actually great news. As others have said, there are no penalties for late filing when you're getting money back. The IRS isn't going to punish you for being late to collect your own money! I'd recommend gathering all your 2023 tax documents (W-2s, 1099s, etc.) and just get it done. Even if you're not 100% sure about the refund, filing will give you certainty either way. If you do end up owing a small amount, the penalties probably aren't as scary as you're imagining, and filing now stops them from growing. Don't let the anxiety keep you from taking action - I put it off for months because I was worried, but once I actually sat down and did it, the whole thing took maybe 2 hours and I got a nice refund check. You've got this!

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Roger Romero

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This is such a reassuring perspective! I'm actually in a similar boat right now with my 2023 taxes and have been putting it off because I'm terrified of what I might find. It's good to hear from someone who actually went through this and came out okay on the other side. How did you figure out which tax software to use for the prior year? Did you have any trouble with the IRS accepting a late-filed return, or was it pretty straightforward once you actually submitted it?

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Don't panic - you're definitely not screwed! I work in tax preparation and see this situation all the time. The key thing is that if you're owed a refund (which sounds likely based on your paycheck withholdings), there are absolutely no penalties for filing late. Zero. The IRS doesn't penalize you for being late to claim your own money. You have until April 15, 2027 to file your 2023 return and still claim any refund, so you're nowhere near missing that deadline. Even if you end up owing a small amount, filing now will stop any penalties from growing further. My advice: gather your 2023 tax documents and file as soon as possible. You can use prior-year tax software (FreeTaxUSA charges about $15 for previous years and is very reliable), or visit a local tax prep office if you want professional help. Most people in your situation end up getting a refund and wonder why they stressed about it for so long. The hardest part is just getting started - once you sit down with your documents, you'll probably find it's much less complicated than the anxiety made it seem. You've got this!

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Paolo Rizzo

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As someone who just went through this exact situation, I can confirm everything you've said is spot on! I was terrified about filing my 2022 taxes late, but it turned out to be so much easier than I expected. The relief I felt when I finally got it done was incredible - I'd been carrying around this stress for months over something that took a few hours to resolve. One thing I'd add is that even if you're not great with tax software, most of the prior-year versions are actually pretty user-friendly. They walk you through everything step by step, and since you already have all your documents saved, it's really just a matter of entering the numbers. The hardest part is honestly just starting! @69130aba881c @1cfdfe672f20 I hope this helps ease some of the anxiety. Sometimes we build these things up in our heads to be way scarier than they actually are.

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Ethan Scott

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Great discussion everyone! As someone who's dealt with several involuntary conversions over the years, I want to emphasize one often-overlooked aspect: make sure to document EVERYTHING related to the casualty event itself. Beyond the insurance paperwork, keep photos of the flood damage, weather reports from that day, any FEMA disaster declarations for your area, and correspondence with your insurance adjuster. The IRS may want to verify that this was truly an involuntary conversion and not a voluntary sale disguised as a casualty. Also, if this flood was part of a federally declared disaster, you might qualify for extended replacement periods (up to 4 years instead of 2) and potentially other tax benefits. Worth checking with FEMA's disaster database to see if your area qualified for any special declarations. This could give you even more flexibility if you need to make additional replacements or adjustments to your business property in the future. The fact that you're getting your documentation together before meeting with your CPA shows you're on the right track. Having all the forms, election statement, and supporting documents ready will make that meeting much more productive!

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This is excellent advice about documentation! I'm actually dealing with a similar flood situation from last year and wish I had seen this earlier. I kept most of the insurance paperwork but didn't think to save the weather reports or check for FEMA declarations. Quick question - when you mention checking FEMA's disaster database, is there a specific website or portal where we can look this up? And if my area did qualify for a federally declared disaster, do I need to file any additional forms beyond the standard 4684 and 4797, or does it just extend my replacement timeline automatically? Thanks for sharing your experience with multiple conversions - it's really helpful to hear from someone who's navigated this process before!

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Carmen Ortiz

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You can check FEMA's disaster database at DisasterAssistance.gov or FEMA.gov - they have a search function where you can enter your ZIP code and date range to see if your area was included in any federal disaster declarations. If your area did qualify for a federally declared disaster, the extended replacement period (usually 4 years instead of 2) applies automatically - you don't need to file additional forms beyond the standard 4684 and 4797. However, you should mention the disaster declaration in your election statement and keep documentation of the FEMA declaration number for your records. There may also be other benefits available like casualty loss deductions even if you don't itemize, or the ability to claim the loss in the prior tax year. Definitely worth researching since flood events are commonly included in federal disaster declarations. The IRS also tends to be more lenient with documentation requirements when there's an official disaster declaration on file.

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One thing I haven't seen mentioned yet is the importance of understanding how Section 1033 interacts with bonus depreciation if you're planning to claim it on your replacement truck. Since you purchased a $47,000 replacement vehicle, you might be eligible for 100% bonus depreciation (depending on when you placed it in service). However, remember that your depreciable basis will be reduced by the deferred gain as Omar mentioned earlier - so while you paid $47,000, your actual basis for depreciation purposes would be $31,500 ($47,000 - $15,500 deferred gain). This affects how much bonus depreciation you can actually claim. Also, make sure your replacement truck qualifies as "similar or related in service or use" to your original truck. For business vehicles, this is usually straightforward, but the IRS can be picky if there are significant differences in vehicle class or business use. Since you mentioned both were for construction work, you should be fine, but document the business purpose of both vehicles just in case. The combination of involuntary conversion deferral and bonus depreciation can create some complex interactions, so definitely discuss this strategy with your CPA when they return from vacation!

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This is really valuable information about bonus depreciation interactions! I hadn't considered how the reduced basis would affect my depreciation calculations. So if I understand correctly, even though I can potentially claim 100% bonus depreciation, I can only apply it to the $31,500 adjusted basis rather than the full $47,000 purchase price? This seems like it could get pretty complex when you factor in the depreciation recapture from the original vehicle too. I'm definitely going to need to discuss this with my CPA - sounds like there are some strategic decisions to make about whether to take bonus depreciation or spread it out over time, especially given how it interacts with the deferred gain. Thanks for bringing this up - it's exactly the kind of detail that could easily be overlooked but makes a big difference in the overall tax impact!

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I feel your pain! I went through this exact same nightmare last year. The 800-830-5084 number you mentioned isn't a standard IRS line - you might have gotten that from a third-party website or outdated source. Stick with 800-829-1040 as others have confirmed. Here's what worked for me after weeks of failed attempts: Call exactly at 7:00 AM Eastern on a Tuesday or Wednesday (avoid Mondays at all costs). Have your SSN, filing status, and tax year ready. Most importantly, when you do get through to the automated system, don't hang up if it says high call volume - sometimes it will still put you in the queue after a few minutes. For your joint filing status letter, you might also want to try accessing your IRS online account transcript - sometimes the information you need is already available there digitally while you're waiting for the physical letter. Worth checking before spending more hours on hold! The 2-month wait is unfortunately normal for correspondence this year. Hang in there - you'll get through eventually!

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Rajan Walker

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This is really helpful advice! I've been struggling with the same issue and had no idea that 800-830-5084 wasn't even a real IRS number - no wonder I kept getting weird responses when I tried it. The tip about checking the online transcript while waiting for the physical letter is brilliant, I didn't even know that was an option. Going to try calling at exactly 7am on Tuesday following your steps. It's both frustrating and reassuring to know the 2-month wait is "normal" - at least I'm not the only one dealing with this chaos!

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Grant Vikers

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I've been dealing with a similar situation and wanted to share what finally worked for me after reading through all these great suggestions. The key combination that got me through was: calling 800-829-1040 at exactly 7:00 AM Eastern on Wednesday, using @Emma Bianchi's phone tree navigation steps (especially the part about NOT entering your SSN when first prompted), and having patience when the system says high call volume. I also want to echo what @Giovanni Greco said about checking your IRS online account transcript - I found mine had been updated with the information I was waiting for in the mail, which saved me from having to wait for the physical letter. You can access it at irs.gov under "Get Your Tax Record." One thing that helped my sanity during this process: I kept a log of when I called and what happened each time. It helped me identify that Tuesday-Thursday mornings really do have better success rates than Mondays or Fridays. Don't give up - the system is definitely broken, but persistence does pay off eventually!

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Dylan Cooper

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This is such a comprehensive strategy! I really appreciate you taking the time to share what actually worked. The idea of keeping a log is genius - I wish I had thought of that weeks ago when I started this ordeal. I'm definitely going to try the Wednesday 7am approach with Emma's phone tree steps. Quick question though - when you checked your online transcript, did you need to create an account first or were you able to access it immediately? I've been hesitant to set up another government online account but if it shows the letter info I need, it might be worth the hassle!

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Val Rossi

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I'm going through the same nightmare right now! Filed in February and still nothing. What's really frustrating is that I need this refund to pay some bills, and the IRS just acts like our money doesn't matter. I've tried calling dozens of times but can never get through - it's either busy signals or I get disconnected after waiting for hours. Has anyone had any luck with contacting their local taxpayer assistance center in person? I'm wondering if showing up physically might be more effective than playing phone tag.

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I actually went to my local taxpayer assistance center last month when I was dealing with a similar issue! You do need to make an appointment first (you can't just walk in), but it was SO much better than trying to call. The person I spoke with was really helpful and could actually look up my account in real time. They were able to tell me exactly why my refund was delayed and what steps I needed to take. It took about 2 weeks after my visit to get everything resolved. Definitely worth a shot if phone calls aren't working! You can find your local office and book an appointment on the IRS website.

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Yara Khalil

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I'm dealing with something similar right now and it's incredibly stressful! One thing that helped me was creating a timeline of everything I've done so far - when I filed, when I checked the "Where's My Refund" tool, any calls I made, etc. It helps when you finally do get through to someone because you can give them all the details quickly. Also, I noticed that calling right when they open (7 AM) seems to have better success rates than later in the day. The wait times are still brutal, but at least you're more likely to actually get in the queue. Hang in there - from what I'm reading in these comments, most people do eventually get their refunds resolved, even though the process is absolutely ridiculous. Keep us posted on how it goes!

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Olivia Kay

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That's such a smart idea about keeping a timeline! I wish I had thought of that from the beginning. I'm definitely going to start documenting everything now - dates, times, reference numbers, who I spoke with (if anyone). It'll probably help me feel more organized and less scattered when dealing with all this chaos. The 7 AM tip is gold too - I've been trying to call during lunch breaks which is probably the worst time. Thanks for the practical advice and the encouragement! It really helps to know there's light at the end of this very long, very frustrating tunnel. šŸ¤ž

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