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By: Cox Search

Black female businesswoman in an office with a client giving legal advice about the tax return preparer signature requirement

While millions of Americans choose to prepare their taxes on their own, many others prefer to hand over their tax preparation to a licensed, registered professional specializing in tax prep work. Using a tax preparer comes with a number of benefits, including the potential to minimize tax payments, increased accuracy on your tax return, a reduced risk of audit, and less time spent on preparing taxes yourself.

If you’ve never used a tax preparer before, you probably have some questions. Here’s a quick review of the common questions asked about tax preparers, and the essential information you need to know before hiring one.

What Does a Tax Preparer Do?

A tax preparer is an individual who prepares your taxes and files tax returns for their client. This could be an individual or a business, depending on the preparer’s area of specialty. When you work with a tax preparer, they will request all your tax forms, receipts, and other documentation to minimize your tax obligation and ensure your taxes are legally filed.

Any preparer with an IRS Preparer Tax Identification Number (PTIN) is authorized to prepare and file federal tax returns on the behalf of their clients.

What Do I Need to Send to My Tax Preparer?

If you hire a tax preparer, you will need to submit a significant amount of paperwork and documentation to support their tax preparation efforts. This may include:

  • Tax forms showing income. This includes W-2 forms, 1099-MISC forms, and other documents that show what you’ve earned during the prior tax year.
  • Social Security numbers for everyone on your tax return. This includes a spouse, if filing jointly, and any dependents you are claiming on your account.
  • Proof of tuition and student loan interest paid. These are displayed on Form 1098-E, which can help you deduct those payments from your taxable income.
  • Retirement account contributions. Contributions to a 401(k), traditional IRA, or other tax-deferred retirement account need to be accounted for on your tax return—they’ll save you a lot of money on your taxes owed.
  • Itemized deductions if you aren’t taking the standard deduction. Charitable contributions and other key deductions can reduce your taxable income. Keep in mind that, for many people, the standard deduction—which is offered to all taxpayers in exchange for a simpler tax filing and accounting process—is often the more financially advantageous option, in addition to saving you a lot of work in itemizing.
  • Property tax and mortgage interest documents. These will be displayed on Form 1098. Property tax and mortgage interest are both tax-deductible.
  • Investment earnings. Dividends and other distributions from investment accounts will be reported on a 1099-DIV form. These earnings are subject to capital gains tax rates.
  • Medical costs. If your out-of-pocket medical expenses in a year exceed 7.5 percent of your adjusted gross income, you can deduct this from your taxable income.
  • State and local tax costs. Other taxes charged from state and local authorities may be deductible on your federal tax bill.

Does a Tax Preparer Have to Sign the Return?

The IRS enforces a tax return preparer signature requirement when taxpayers hire a preparer to do their taxes. The reason for this signature requirement is to provide accountability for the return itself. By requiring a PTIN and signature from the tax preparer, the IRS has a known point of contact to approach if any questions or audits come up in the future.

As the taxpayer, this requirement protects you from liability if your taxes are improperly prepared. If you’re wondering, “Can a tax preparer file your taxes without your signature?” the answer is no: Even if the tax preparer handles your tax prep and filing, you still need to sign off on the return before it can be filed.

Should I Give My Tax Preparer Power of Attorney?

In cases where a taxpayer will be unable to prepare their own taxes for the foreseeable future—which can occur if a special needs individual is supported by income from a trust, or in cases where elderly taxpayers are in assisted living or nursing home care—it may be advisable for that individual to give power of attorney to a tax preparer.

This is a significant decision with important tax and legal implications and could create serious legal issues if there’s any risk of the IRS filing a criminal complaint in the future. For this reason, it’s advisable to consult with an attorney before handing over power of attorney to your tax preparer—or to any other individual or entity, for that matter.

What to Do When Your Tax Preparer Makes a Mistake

Even though tax preparers are professionals in their field, they aren’t immune to simple mistakes. In many cases, mistakes on your tax return can be addressed by filing an amended return with the IRS. Your tax preparer can handle this since the original mistake was theirs.

In some cases, these mistakes can result in fees or penalties. Most legitimate tax preparers will compensate their clients for these fees or penalties to make sure there aren’t any financial disputes, or they might work with the IRS to reduce or eliminate those penalties and fees.

If you suspect that your tax preparer was unprofessional or malicious in their tax preparation, you may want to consider reporting them to the IRS. This can prompt an investigation into their business practices, and it may also protect you from penalties and fees resulting from that preparer’s behavior.

With a trusted tax preparer working for you, you can rest assured that your taxes will be prepared and filed in a way that delivers you value, tax savings, and protection against any trouble with the IRS. Connect with a tax preparer today to outsource this important task to a trusted professional.

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