Files Return without authority

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  • BillV
    Junior Member
    • Jun 2010
    • 27

    #1

    Files Return without authority

    I had a return just about completed when the client decided to withdraw his information. The return was listed with other returns ready to be e-filed and when I pressed the button to file these returns the unauthorized return was filed also and the IRS accepted. What should now be done?
  • ChEAr$
    Senior Member
    • Dec 2005
    • 3872

    #2
    Former client should be informed immediately and given a copy of what was filed so that he along with next preparer can amend it accordingly.

    Be prepared for his wanting some monetary damages.
    ChEAr$,
    Harlan Lunsford, EA n LA

    Comment

    • FEDUKE404
      Senior Member
      • May 2007
      • 3646

      #3
      Not a fond client farewell. . .

      Originally posted by ChEAr$
      Former client should be informed immediately and given a copy of what was filed so that he along with next preparer can amend it accordingly.

      Be prepared for his wanting some monetary damages.
      Or worse. . . .

      FE

      Comment

      • Roberts
        Senior Member
        • Sep 2005
        • 807

        #4
        I'd work with them to amend the return. For free.

        Comment

        • ChEAr$
          Senior Member
          • Dec 2005
          • 3872

          #5
          Originally posted by Roberts
          I'd work with them to amend the return. For free.
          For free?

          I agree.
          ChEAr$,
          Harlan Lunsford, EA n LA

          Comment

          • FEDUKE404
            Senior Member
            • May 2007
            • 3646

            #6
            Circumstances may govern best decision

            Originally posted by Roberts
            I'd work with them to amend the return. For free.
            While that is a notable approach (and perhaps a wise "save face" move), what is not mentioned here is exactly why the client originally chose to go elsewhere.

            If it were a mere pricing consideration, a free return or two might fix things.

            BUT if, in whatever way, Pandora's Box was opened by erroneously filing the client return, especially if there might have been some "issues" present which the IRS now can see, the preparer may be looking at a problem greater than mere fee structure issues.

            FE

            Comment

            • David1980
              Senior Member
              • Feb 2008
              • 1703

              #7
              At the time the client decided to withdraw his information, had you already obtained the signature(s) for the 8879?

              Comment

              • Justataxguy
                Senior Member
                • Jan 2013
                • 153

                #8
                Originally posted by BillV
                I had a return just about completed when the client decided to withdraw his information. The return was listed with other returns ready to be e-filed and when I pressed the button to file these returns the unauthorized return was filed also and the IRS accepted. What should now be done?
                How was a return that was "just about completed" in with returns ready for e-file?

                Comment

                • FEDUKE404
                  Senior Member
                  • May 2007
                  • 3646

                  #9
                  Good point

                  Originally posted by Justataxguy
                  How was a return that was "just about completed" in with returns ready for e-file?
                  Interesting question. There is no "just about completed" if a return is placed into the efile queue.

                  It should only be there if it HAS been completed and if the preparer has a signed Form 8879 in hand.

                  The inadvertent filing of this return could easily turn into a mess of varied flavors.

                  FE

                  Comment

                  • Bees Knees
                    Senior Member
                    • May 2005
                    • 5456

                    #10
                    Originally posted by FEDUKE404
                    It should only be there if it HAS been completed and if the preparer has a signed Form 8879 in hand.
                    I agree. The real issue is the flawed procedures used in tax preparation. There should be no way to make this kind of mistake with proper procedures used for e-filing returns.

                    Comment

                    • BillV
                      Junior Member
                      • Jun 2010
                      • 27

                      #11
                      No signatures were obtained before filing.

                      Comment

                      • tpert
                        Member
                        • Jan 2008
                        • 98

                        #12
                        Originally posted by BillV
                        No signatures were obtained before filing.
                        Sorry to hear that.

                        I use software that has multiple ways to prevent e-filing but allows us to use macros to fill in certain criteria automatically, like readying the return for e-filing.

                        The biggest flaw is that in some parts of the software, we need to mark it completely ready to e-file in order to get the signature forms to print and then need to go back and make it "unready" again so that we are not tempted to e-file it before actually obtaining signatures.

                        After reading this, I have gone back and fixed a return that has been repeatedly showing up (while the taxpayer is still reading through their emailed copy).

                        Comment

                        • taxea
                          Senior Member
                          • Nov 2005
                          • 4292

                          #13
                          Originally posted by ChEAr$
                          Former client should be informed immediately and given a copy of what was filed so that he along with next preparer can amend it accordingly.

                          Be prepared for his wanting some monetary damages.
                          No way would I give the client a copy of the return even if he paid for my time working on it. In this case I would call him and explain the error. Then I would offer to finish the return (free of additional charges) and if manually filed as a subsequent return before 4/15 there is no need for an amended to be done.
                          Believe nothing you have not personally researched and verified.

                          Comment

                          • Will
                            Member
                            • Dec 2006
                            • 31

                            #14
                            Originally posted by FEDUKE404
                            Interesting question. There is no "just about completed" if a return is placed into the efile queue.

                            It should only be there if it HAS been completed and if the preparer has a signed Form 8879 in hand.

                            The inadvertent filing of this return could easily turn into a mess of varied flavors.

                            FE
                            Well, not exactly. At least not in my case. When a return is complete, it is in the "ready to e-file queue." When I get the 8879, I then select it from the queue and e-file it.

                            Comment

                            • JoshinNC
                              Senior Member
                              • Feb 2006
                              • 1180

                              #15
                              In Drake

                              If I don't enter my PIN it won't be ready for e-file. I don't enter my PIN until I'm getting ready to meet with the client to sign the 8879.

                              Problem solved

                              Comment

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