"Gary Goodman" <XgaryXg7X[at]yahoo.com> wrote:
- quote -


DAMN!!! $4K average per return! I'd find a way to do what
you do too! Actually, I can see your point, I just think
you need to take a bit of a different approach to make it
work.

For instance, I suggest you have every client sign a new POA
form each year. This would get all the necessary notices sent
to you as well as the client. While I don't like to mail
returns for clients, for $4K I'd think HARD about changing
that rule!

And as long as what you are doing is clearly spelled out in
your engagement letter than I guess you are getting some
level of protection.

Gene E. Utterback, EA

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eagent[at]alliancetax.com says...
- quote -

Most of our clients want this type of service. It is clearly
stated in our engagement letter.

The reason we send in the returns on behalf of our clients
is that most of them have accounts with us. (My employer is
a wealth management firm.) Some clients are elderly and not
capable of learning something new like mailing a thick tax
return. I wish we didn't do this. It's a big pain to deal
with on each due date.

We charge premium fees for this type of service, our fee
averages more than $4,000. For this we do do payroll returns
for household help, quarterly estimates, routine
correspondence with tax authorities, etc. (The box on page
two fo the 1040 is checked so that the IRS is allowed to
speak with the tax preparer.)

The usual way we lose clients is through death.

Gary

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"Gary Goodman" <XgaryXg7X[at]yahoo.com> wrote:

<snipped
- quote -

Ethically and legally, I have a problem with what you're
doing. Of course, it doesn't really matter to me, I'm just
opining in a professional way.

I think you may be crossing the line to use your address in
place of the client's especially if you are using that to
get notices so you can respond to them directly. You are
keeping the taxpayer out of the loop and IMO you are opening
yourself up for a whopper of a law suit, not to mention a
ton of unnecessary work. What about the client who uses
another preparer in a subsequent year? For example, say you
prepare my 2001 & 2002 returns using your address, then you
and I decide to part ways and I change firms and someone
else prepares my 2003 return. In the meantime, a taxing
authority issues a notice - you MUST deal with it somehow
because the address of record is yours. If you miss a
deadline, I could hold you legally responsible for the
outcome. Not a playground I'd play in!

And why would YOU hold several boxes of returns and send
them all in on 04/15/04? Again, you are assuming a lot of
liability and responsibility that isn't necessary.
Remember, just because the return gets filed doesn't mean
that payment is due before 04/15. For your completed
returns that you FedEx to your clients, I'd have them sign
the returns and mail them to the taxing authorities. If
they want to make payments on 04/15 then let them mail the
1040-V and state payment vouchers on 04/15 - but I would
NEVER hold a return that was completed. The closer it gets
to 04/15 the busier I get.

Now, for quite a few of our clients we do prepare an include
Form 2848 - POA - with the returns, and we keep a copy of
that on file. This way, the IRS should send us copies of
all notices and we've complied with the law.

Perhaps my real problem is that our clients simply don't pay
us enough for me to assume the responsibilities and
liabilities you do.

Gene E. Utterback, EA

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"Gary Goodman" <XgaryXg7X[at]yahoo.com> wrote:
- quote -

It used to be illegal to use the preparer's address on the
return instead of the taxpayer's.

Mike

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- quote -

I work for a truly full-service firm. We FedEx the returns
to our clients for them to sign and FedEx back to us. We
then file the return on the clients' behalf. On April 15th
we send several boxes to the IRS via Certified Mail.

We are so full service, that for most of our clients, we
even have the checks cut from their accounts. Also, for at
least 99% of our clients, we use our address on the returns.
That way, we can deal with minor issues with the tax
authorities without forcing the client to remember to send
us a copy of the notice, etc.

Gary

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psychoshredder[at]yahoo.com says...

- quote -

Actually, a state can't prohibit the practice because that
would interfere with interstate commerce.

My firm does about 1,300 tax returns out of our main office
in New York City. To see a visual representation of what
states our clients live in, use a map of the USA. Yes, even
Hawaii!

Gary

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- quote -

NY has eliminated the requirement for state e-file
registration. Your federal e-file registration is all that
is needed.

http://www.tax.state.ny.us/elf/partic.htm

--
Don EA in Upstate NY

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MAT1040X wrote:

- quote -

I suppose "submit" could refer to efiling. In that case the
out-of-state preparer might have to register with the state
in question. But, from what I've heard, NY and CA appear to
be the only states that have their own "significant" ERO
requirements.

MTW

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- quote -

It is certainly legal to have your tax returns prepared in a
state other than where you live. But, "submitted"? The tax
preparer does not submit your returns. You must sign them
before they can be submitted. So he would have to send them
to you and then you would send them in.

Mary Ann Thomas, EA in AZ

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- quote -

Of course it is. So long as the preparer completes the tax
return on the appropriate state's tax forms.

The Federal tax forms are the same no matter what state you
live in.

I have several clients who live in other states, and some
who live in my state, but work in another state. I complete
all their returns and have done so for years.

Kate, EA in PA

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"vu huong" <psychoshredder[at]yahoo.com> wrote:

- quote -

G*D, I hope so!!!!

I'm servicing clients in 23 different states and 9 countries
outside the U.S.!!!

Been doing it for years,

Gene E. Utterback, EA

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- quote -

Sure!

Helen, EA in PA
Director, NAEA; Immediate Past President, PSEA; Tax Expert, AOL
Enrolled Agents - THE Tax Professionals

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psychoshredder[at]yahoo.com (vu huong) wrote:

- quote -

You betcha'. I have taxpayers in about 17 states and only
live in one state. About 85% of my people send me their tax
papers through the mail and I fill them out and send them
back through the mail.

When they are through with the tax forms, they are supposed
to let you see them and sign the form 1040 and then mail it
in. Or if e-filing sign the e-file form and then submit the
forms.

Missy Doyle

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- quote -

It better be! We're in Georgia but have done returns for
people in New Jersey, Colorado, Mississippi and
Alabama--just for 2003!

My former co-worker had already had her returns done by her
former accountant in New York prior to coming to work with
us.

Carol
My mind not only wanders, sometimes it leaves completely.

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It had better be! My office in California does several
out-of-state clients who used to be here. There are
occasionally some problems with efile in other states but
only New York is difficult for us.

Nan, EA in LA
Entrenched belief is never altered by the facts.....

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"vu huong" <psychoshredder[at]yahoo.com> wrote

- quote -

Yes.

--
Paul A. Thomas, CPA
taxman at negia.net

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vu huong wrote:

- quote -

You may hire whomever you desire to prepare your tax
returns. If you compensate the person you hire, then that
person must also sign the tax returns.

--
Alan
http://taxtopics.net

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vu huong wrote:

- quote -

Yes.

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"vu huong" <psychoshredder[at]yahoo.com> wrote:

- quote -

That is perfectly legal and acceptable as long as you are
satisfied with the distance between you.

Wayne Brasch, CPA, M. S. Taxation

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Is it legal to have your State and Federal taxes prepared
and submitted by a tax professional in a another state?

Thanks,
Vu

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