I've been trying to get my taxes done since April. My tax preparer was too busy to help so she filed an extension for me. At least she told me she did. She never sent me any paperwork stating it was extended. So now, in August, I've been trying to call her and tell her I need it. She still hasn't done them. And is very slow to respond? I'm afraid I won't get them done in time. What can I do?
You can call the IRS at 800-829-1040 and check to make sure the extension was filed. Be prepared to wait on the phone. Extensions are easy and automatic, there is no paperwork for e-filed extensions except maybe an acknowledgement in the tax software they use, so the preparer may not have anything to give you.
In terms of getting them moving, call and ask them to go faster or request your documents back and go find another preparer. The extended deadline in October 15.
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If there is an extension you have until Oct. 15. I would keep in mind that filing an extension is an extension of time to FILE not to PAY. So if you owe (if you are self employed or did not withhold enough, etc.) you still need to have paid already or pay now. I would cut your losses and find a new accountant, although I can tell you that knowing many accountants when someone is on extension there is not oftentimes a rush to file before October.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature.
You can sue for just about anything, but would it really be worth it? What are your specific damages? A few months is reasonable time depending on the complexity of the return. So maybe 2-3 months on top of that might be unreasonable and you may potentially be accruing failure to pay penalties & interest. She should have given you a tax estimate so you could make an extension payment to prevent penalties and interest. If she didn't, then that's something you should discuss with her about, and perhaps consider working out a full or partial refund of her fees to offset any penalties and interest caused by her delay. Before you have this discussion with her, you should call the IRS to confirm an extension has been filed. If it hasn't, that is pretty serious professional malpractice in my opinion.
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