By Sandra Block, USA TODAY
If your idea of a truly terrifying Fear Factor is one in which
contestants are forced to do their own tax returns, you'll find no shortage of
people happy to do the job for you. Competition for tax returns has gotten so
intense that tax-preparation companies are offering everything from free pizza
to double-your-refund contests to get those 1040s in the door.
Unfortunately, strong demand for tax preparation also has attracted some
unsavory characters. Some are incompetent, overlooking deductions and credits
that could lower your tax bill. Others are crooks who manufacture phony expenses
in an effort to pump up your refund.
In October, for example, a tax preparer in Irving, Texas, was sentenced to 36
months in prison for advising clients they could deduct clothes, manicures,
haircuts and restaurant bills. She admitted preparing 788 false tax returns or
amended returns from 1999 to 2002.
You're responsible for information on your tax return, even if it was prepared
by someone else, says Nancy Jardini, chief of criminal investigation for the
IRS. If the IRS determines your return contains fraudulent information, you'll
be liable for the unpaid taxes, plus interest and penalties.
Warning signs
Fortunately, the bad guys aren't particularly creative. Some habits of
unscrupulous tax preparers:
• They guarantee a refund, or promise to deliver a bigger refund than the
competition. "There's no secret way to get a bigger refund," says
Kevin Brown, commissioner for the IRS small business/self employed division.
• They base their fee on a percentage of your refund. These preparers are more
likely to illegally pump up your refund to increase their profits.
• They ask you to sign a blank return. The preparer may be planning to insert
false information or divert your refund to his own account, Jardini says.
• They encourage you to provide information you know isn't true, such as
fictitious charitable deductions or business expenses.
• They suggest they know of a legal loophole that will allow you to evade
paying income taxes. The IRS has aggressively pursued preparers who promote
these scams.
• They refuse to sign your return. "Most preparers will have no problem
signing (your return) and vouching for the work they do," Brown says.
• They use tax preparation as a pretext to sell other costly products and
services, such as high-interest refund anticipation loans, payday loans and
furniture rentals.
Vetting a preparer
You probably wouldn't go to a doctor or lawyer without checking the individual's
credentials and references first. You should apply the same scrutiny to a tax
preparer, Jardini says.
It helps to understand the different designations tax preparers can hold:
• Enrolled agent. These are federally licensed professionals who have
passed a rigorous two-day exam or worked at least five years for the IRS, says
Jennifer MacMillan, an enrolled agent in Santa Barbara, Calif.
• Certified public accountant. CPAs have a bachelor's degree and pass
an exam administered by the American Institute of Certified Public Accountants.
They're also required to take continuing education classes. Many CPAs also offer
business and investment advice.
Only CPAs, enrolled agents and tax attorneys are authorized to represent you in
all IRS-related matters, including audits, collection actions and appeals.
If your tax return is fairly straightforward, a CPA or EA may provide more
firepower than you need. Most tax-preparation chains provide training and
continuing education for their preparers.
When interviewing a tax preparer, find out how many returns the individual has
prepared, and whether the preparer has familiarity with tax situations similar
to yours.
For example, if you think you'll have to pay the alternative minimum tax, look
for a preparer who has experience in that area.
Make sure the tax-preparation company will be there for you if the IRS questions
your return. Unscrupulous preparers tend to melt away after April 15.
Some tax-preparation companies have high employee turnover, which means you may
not be able to use the same tax preparer every year, says Cindy Hockenberry,
analyst for the National Association of Tax Professionals. If developing a
long-term relationship is important to you, seek out a preparer with a lot of
experience and roots in the community, she says.
For more information, check out the National Association of Enrolled Agents,
www.naea.org, and the National Association of Tax Professionals, www.natptax.com.