"Stuart A. Bronstein" <spamt...[at]lexregia.com> wrote:
- quote -

In California, to prepare taxes for money you must be
licensed Federally (EA) or by a State agency (Bar Assn.,
CPA, CTEC). Each of these licensing entities requires
continuing education to be relicensed. The CTECs have to
renew every year. Most HRB preparers are CTEC licensed.

Linda Dorfmont E.A, CFP, CSA

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"Bill Brown" <brownwp[at]longwood.edu> wrote:

- quote -

My understanding is that the person who signs off on the
return must be licensed, so that is not necessarily the
person you talk to. But he must be under direst supervision
of someone who is licensed.

Stu

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Stuart A. Bronstein wrote:
- quote -

Well, not exactly, but they must be registered with CTEC
(www.ctec.org).

Excerpt from CTEC Tax Preparer code of conduct: "Must not
fail to return, upon the demand by or on behalf of a
customer, records or other data provided to the tax preparer
by the customer." Another requirement of CTEC is that
preparers must be bonded and must meet minimum annual
certified training requirements.

As has been made abundantly clear, the OP in this case
stated only that "[they] make it sound like" they are
holding documents hostage, what that means is open to debate
but surely there is another side to this story, such as
whether the OP even asked for the documents back. Knowing
they are such a big fat target, why would H&R Block
deliberately invite bad publicity over one client's $100 tax
return prep fee?

I wonder how many CPA's outside of California meet the same
quality requirements as ordinary H&R Block tax pros within
California (some of whom in fact are EA's or CPA's). I also
know from first-hand experience that in some cases, being an
EA means only that one was able to pass a test at one time,
and does not necessarily indicate any high degree of skill
whatsoever at preparing individual tax returns.

-Mark Bole

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"Stuart A. Bronstein" <spamt...[at]lexregia.com> wrote:
- quote -

California is an exception. Most states have no such
requirement.

Does that mean everyone working on tax prep for HRB in
California is an attorney, CPA or EA or just one of those
per storefront?

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- quote -

H&R Block's policy is pretty clear: if the client isn't
satisfied, they get their paperwork back (but not the work
that HRB did for them) and pay nothing. I gather from your
post that your return was not completed and HRB has neither
efiled it or provided a paper copy to file yourself. If the
HRB office is holding your paperwork hostage and the office
manager won't return it, contact their district office; I
imagine the district manager will straighten them out PDQ.

I'm curious as to what was so unusual about your tax
situation that HRB couldn't satisfy you.

--
John D. Goulden

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"Bill Brown" <brownwp[at]longwood.edu> wrote:

- quote -

Why not? At least in California tax preparers are required
to be one of those three.

Stu

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<composty[at]gmail.com> wrote:

- quote -

most states require the tax preparer to return original tax
documents regardless of payment

having said that, I know nothing of the particulars in the
H&R Block agreement form

___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] > > -----> real address on hobokeni or hobokenx <-----

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compo...[at]gmail.com wrote:

- quote -

H&R Block is not covered by the legal requirements imposed
on attornys and Certified Public Accountants. They are not
covered by the code of ethics of the professional
organizations of attornys, CPAs or Enrolled Agents. They
are not covered by federal circular 230 (which applies to
attornys, CPAs and EAs).

Therefore, only regular state laws of contracts can be
called upon to govern their behavior. In most states, my
guess is, they have the power to put a mechanic's lien on
your tax documents until you pay up.

I see three options which are not mutually exclusive. (1)
Pay up. (2) Sue, or threaten to sue, them for breach of
contract. (3) Find out if a reporter for the local paper's
business section sees a story worth printing.

In the future I suggest you engage the services of a CPA or
EA to complete your tax return.

Moderator:
Every court in every jurisdiction of the United States
when presented with the question has held that original
records must be returned regardless of any conflict
between parties. There are narrow circumstances where
copies are allowed.

There is no way that Block would refuse to return the
W-2's without payment. The OP needs to talk with the
manager of the Block office. I suspect the manager will
ask for the opportunity to alleviate the OP's concerns
about the quality of the tax return. If that fails, I'm
certain the W-2's will be returned.

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composty[at]gmail.com wrote:

- quote -

Being on this side of the fence I can also understand how
you feel, but also how we feel.

When we sit down with you and take time to figure up your
tax returns, we do deserve a decent wage for our time. I
think, or hope, you would agree with that.

HOWEVER..... IRS rules say that all of a client's papers
(including your W2 forms, etc_ belong to you, and therefore
you are entitled to them at any rate.

So go back, talk with the manager, tell him this, offer to
pay maybe some percentage of the bill; say, 30% for
preparer's time and demand your papers.

And remember there is always the Better Business Bureau to
whom to make a case.

ChEAr$,
Harlan Lunsford, EA n LA

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compo...[at]gmail.com wrote:

- quote -

I work for Block. The policy is, if you are not satisfied
with your return, you can take your forms and go elsewhere.
Why are you dissatisfied? Have you asked the office manager
to look over your return or refer you to a more experienced
tax preparer? If none of these remedies satisfy you, then
ask for your W-2s back and go somewhere else.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >

<composty[at]gmail.com> wrote

- quote -

It's called "W-2 hostage", and it's illegal for them to
retain your records such that you can't file a timely
return.

Now, they may still have the option to come after you for
the fees. You can always claim the return was incomplete,
incorrect, etc.

I hate when people professing to be professionals do things
like this.

--
Paul Thomas, CPA
paulthomascpapc[at]bellsouth.net

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I had recently been to HR Block for tax filing purposes, but
I am absolutely dissatisfied with my experience - the tax
prep professional lacked knowledge and I dont think I should
have to pay for the service.

I know they make you sign some service agreement clause etc,
in the beginning, and right now, even though I have not
filed the tax papers and not had to pay yet, they still
retain my W-2 forms and make it sound like unless I pay, the
papers are going to stay with them. Is this really the way
it supposed to be or are they cheating the system?

Has anyone else been in such a situation and gotten out of
it easily?

Thanks

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >