Feb
Our tax preparer filed my husband as single with two dependents. Then he filed me as single with no dependents. The kids are mine, step children to him. We married July 2008, lived together all of 2008. Was our tax preparer wrong, and is this why we are being audited? Answer both questions please. Thank you.
Answer:
First, I'm a bit surprised that you've already received an audit notice for a 2008 filing. However, given that you have received an audit notice, you should definitely go back to your preparer and ask for audit support.
Some things to note. First, you’re responsible for reviewing what your preparer prepared before signing it. The IRS won’t have sympathy for a situation where you failed to review your return before signing it.
However, the preparer has also signed the return, and therefore bears some seriously liability. As a professional, he has the ability to get in significant trouble for this.
If your preparer didn't sign the review as such, then you've got a problem. Not only did you fail to read and understand your own return, but you took on full responsibility for it by not having the preparing sign it.
In any case, as to your question: if you were married at the end of the year, you need to both file as married. As for the kids: if you were responsible for them all year, then they at least need to show up on your return — regardless of the single/married status.
I'm guessing you have a dishonest preparer that was trying to help you by optimizing the return to your benefit. In doing so, they put you in jeopardy. I'd suggest that, if the preparer does not work for a company (in which case you need to immediately speak to a supervisor), that you contact a lawyer. The IRS will most likely just make you redo the returns, plus pay some penalties. However, in extreme cases, you could be charged with fraud and, because you had a preparer, conspiracy. This is HIGHLY doubtful, but do you want to take any chances?
Answer:
If you are married and he file you as “Single”, yes, your tax preparer screwed up.
He should fix it for free. However, you would be responsible for paying back the ill gotten refunds. He may cover the penalties and interest but he is under no obligation to do so.
Answer:
That depends on who has the right to claim them. If you are being audited then bring proof of your capability to claim them and the person who did your taxes if someone else did them and you paid him then you’ll only be responsible for any difference it taxes. The IRS will explain the reason for the audit.
Answer:
Far from a tax expert but you may have to also file a amendment. This site has some information on how to do this.
I hope this helps!
Answer:
If you were married as of 12/31/08, then you must file as married - either jointly or separately.