I tried to file last week but my claim came back rejected. I called the irs and they said my taxes have already been sent out. Is there a way I can get my taxes back?
I do not know how they would have had your W-2 and other needed documents to file for you.
Yes, the preparer must have your written consent to file your taxes each year, either on the return itself or on the consent to file electronically. This is done only after you have reviewed the return for accuracy since you are swearing to its accuracy prior to filing. You can file a complaint with the IRS who will take action, but they are not quick. Also you can have an attorney write a demand letter, including for violation of the deceptive trade practices act. If you had a refund coming and it was taken, then that is also a federal crime, and should be reported.
First politely ask them if they efiled it and if so, to send you copies of the return, the efiling authorization and acceptance notice. It’s just as likely your return was filed by an ID thief who stole your return. In that case, report it to the IRS - there is a form at irs.gov. And order a $50 copy of your return and reassert your refund claim.
Whether it was a previous preparer or a stranger, you appear to be the victim of ID theft. It is much more common than you would think. I agree with the other attorneys, start by asking the preparer and then you will have to pursue it with the IRS. There is all kinds of information at IRS.gov.
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