Fern
Elite Member
- Sep 30, 2003
- 26,907
- 174
- 106
Liability lies with the filer, not the preparer in almost all cases.
I know of what I speak: The taxpayer is liable for the proper amount of taxes. (S)he will also be liable for any interest due on late payment, the law says the IRS cannot waive interest.
Penalties, OTOH, can be waived. Penalties can be waived by the IRS if they find that the taxpayer exercised "Good Faith and Due Diligence". So, if the taxpayer hires licensed/qualified professionals and provides them all data the taxpayer is virtually guaranteed to have the IRS waive the penalties.
Everybody, and I mean everybody (especially the IRS) knows that tax law is highly complicated. Non-professionals are generally not expected to be competent in tax law. Accordingly, the "Due Diligence" part means seeking out professionals who ARE suppose to be competent. It's simply not seen as fair to penalize taxpayers for their "Good Faith" reliance on paid professionals.
(The taxpayer return preparer can, however, be heavily penalized. An awful lot of serious penalties for preparers have been added over recent years.)
Fern