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ASK THE CALIFORNIA EMPLOYMENT TAX AND PAYROLL TAX ATTORNEY – CHOOSE YOUR TAX RETURN PREPARER CAREFULLY

By Robert S. Schriebman

2025

Introduction

I cannot emphasize enough the importance of choosing a competent and ethical accountant and tax return preparer. The IRS recently issued a press release pointing out the danger signs of an unethical return preparer and providing guidance on selecting a competent and ethical practitioner. (IRS News Release IR-2025-21).

Red Flags

The IRS press release warned the public against “Ghost” preparers. These are practitioners who will not sign the tax return or who will ask the taxpayer to sign and file the return themselves. The IRS requires tax preparers to sign returns. Not doing so throws up a red flag and a warning for potential tax fraud. These “Ghost” preparers look to make a fast profit and promise naïve clients large refunds. They charge fees based on the amount of the refund. They often merely print the return and have the taxpayer sign and mail it to the IRS. When filing electronically, the “Ghost” preparer will prepare the tax return but refuse to digitally sign it as the paid preparer.

Taxpayers should always choose a preparer with a valid Preparer Tax Identification Number (PTIN).

Tips For Choosing A Tax Return Preparer

  • The IRS advises taxpayers to look for a preparer who is available year-round. There may be questions that come up about your tax return after the filing season ends and you may want to have the ability to contact your preparer for answers.
  • Check out the preparer. Ask for references and check with Better Business Bureau. If the preparer is an attorney, you can contact the State Bar of California to determine if any complaints or disciplinary actions have been initiated. For CPAs, there is State Board of Accountancy.
  • Discuss fees up front. Avoid any preparer who bases his/her fees on a percentage of the refund or who offer to deposit the refund in the preparer’s own account.
  • Provide records and receipts. Ethical practitioners will want proper documentation showing income and deductions to use in the preparation of the return.
  • Never sign a blank or incomplete return. As the taxpayer-filer you are responsible for the contents of your tax return. If you get audited, a “Ghost” preparer may not be around to assist you in the audit process.
  • Carefully review your tax return before signing it. If something does not look right or accurate, ask for an explanation, but do not sign the return until you are confident that its contents are accurate.

Conclusion

You can report suspected preparer misconduct to the IRS using Form 14157, Complaint: Tax Return Preparer. If you suspect improper and unprofessional conduct in the preparation and filing of your return use Form 14157-A, Tax Return Preparer Fraud or Misconduct Affidavit.

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Robert Schriebman has a successful practice in the Rolling Hills Estates area of Los Angeles County serving clients throughout California and the United States. He has successfully dedicated more than 50 years to helping individual taxpayers, business owners, CPAs, Enrolled Agents, and tax attorneys navigate the complicated tax systems of the federal and state governments. Mr. Schriebman is in private practice. He is not affiliated in any way with the EDD, and he is not employed by the EDD or any other agency of the State of California.

Robert Schriebman has written the only 2 books ever published dealing with how California Employment Development Department (EDD) operates. See “California Tax Collection Practice and Procedures” and “California Taxation Practice and Procedure,” both published by Commerce Clearing House.

Robert Schriebman has written over 20 books including the major manual used nationally by practitioners a6502nd the IRS, “IRS Tax Collection Procedures – A Manual for Practitioners” published by Commerce Clearing House.

Robert Schriebman has written over 20 books including the major manual used nationally by practitioners and the IRS, “IRS Tax Collection Procedures – A Manual for Practitioners” published by Commerce Clearing House in addition to the only 2 books ever published dealing with how California Employment Development Department (EDD) operates. See “California Tax Collection Practice and Procedures” and “California Taxation Practice and Procedure,” both published by Commerce Clearing House.

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