TAXMAN Posted March 23, 2015 Report Share Posted March 23, 2015 Question recently asked but no one had a ready answer. When preparer dies CAN TP ask for all records pertaining to tp be returned to him? Quote Link to comment Share on other sites More sharing options...
ILLMAS Posted March 23, 2015 Report Share Posted March 23, 2015 (edited) If the preparer had an employee or assistant yes why not, the worst thing that can happen is that they don't know where the documents are. Edited March 23, 2015 by ILLMAS Quote Link to comment Share on other sites More sharing options...
NECPA in NEBRASKA Posted March 23, 2015 Report Share Posted March 23, 2015 I would think that you could ask for copies of returns, if they can be found, but I'm not sure that the entire file should be released. I'm just thinking about if there should be anything that came up after the preparer's death, someone might need to be able to look at those records. It's just off the top of my head, but it may be a legal question or question to their E & O insurance. 2 Quote Link to comment Share on other sites More sharing options...
Terry D EA Posted March 23, 2015 Report Share Posted March 23, 2015 Any documents the client has provided to the preparer belong to the client. Each client is entitled to a copy of their tax return, depreciation schedules;etc, that they paid for. The only documents that the client would not be entitled to would be those the preparer may have created while the return was being prepared. I don't think preparer notes, worksheets; etc should be provided. We are not required to keep anything after three years. 4 Quote Link to comment Share on other sites More sharing options...
michaelmars Posted March 24, 2015 Report Share Posted March 24, 2015 except things like basis statements and depreciation schedules, although prepared by preparer, these belong to client. Business returns, likewise, any schedules supporting journal entries etc that weren't posted on clients g/l belong to client. the client is entitled to the backup needed to support the amounts reported. Quote Link to comment Share on other sites More sharing options...
FreedomTaxed Posted March 24, 2015 Report Share Posted March 24, 2015 Anything we have that's older than our voluntary document-retention period (currently 6 years) is shredded or given back to the client where appropriate or convenient. Quote Link to comment Share on other sites More sharing options...
BulldogTom Posted March 24, 2015 Report Share Posted March 24, 2015 A few years ago, I was approached by one of my friends. His preparer died and he knew that I was in the tax business. He asked if I would be willing to talk to the employee who was continuing his prior preparers business about doing some per diem work to help her get through the workload that was too much since the owner passed. So I go talk to the lady, who was an employee of this small practice for about 5 years. As we were talking, it came out that the practice had been left to the son, but he was not a preparer. The woman who was doing all the returns was not licensed (a big no no in CA). They were not e-filing even though it was mandatory already in CA at the time. She was using the owners signature stamp on the returns she was preparing when they went out the door. I could not believe that she was doing this. When I pointed out the licensing requirement, the conversation ended and I left. My friend became my client, and after the season was over, the office was emptied and all the records put in a truck and taken away. I heard this lady was soliciting all the prior clients to come to her new office after the son closed the business on her. I wonder sometimes what happened to all those client files. Tom Newark, CA Quote Link to comment Share on other sites More sharing options...
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