Discussion:Writing checks on behalf of client

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Discussion Forum Index --> Business Growth Community --> Writing checks on behalf of client

Doug-tax (talk|edits) said:

24 June 2009
I have a potential bookkeeping client who wants me to be a signer on his bank account and pay all of his bills each month. He will tell me what to pay and I will cut and mail checks.

I'm not sure if I am comfortable being a signer on his account, I would much rather just prepare the checks and have him sign them each month.

Does anyone have any thoughts or experiences in this area?

Thanks

Pete

Kevinh5 (talk|edits) said:

24 June 2009
do you know anything about trust fund recovery penalties?

Doug-tax (talk|edits) said:

24 June 2009
I know that anyone with "control" over a Company's finances can be liable for a penalty if witheld payroll taxes are not paid to the IRS.

The question is does having signature authority on a bank account constitute control if transactions are only initiated with the business owner's permission and this is documented in the engagement letter?

Kevinh5 (talk|edits) said:

24 June 2009
yes (the IRS' argument)

Doug-tax (talk|edits) said:

24 June 2009
So no check signing for me... not worth the risk. Thanks Kevin, a great learning point.

Brock And Associates (talk|edits) said:

24 June 2009
No thanks, I will pass on that one.


Whether your client wants a scapegoat or someone to dump his/her headaches on, not thanks I will skip both of those headaches.


Michael

Sjpaccounting (talk|edits) said:

24 June 2009
I have had clients want me to sign their checks. I say, no thanks! I want you to see all the is going in and out of your account without any worries!

Sasha

Oldeastsidr (talk|edits) said:

25 June 2009
To add to Kevin's comment, sales taxes (if the client has the liability) are another factor. The states (especially New York) are very aggressive in saying that if you can write checks and the client does not pay (or underpays) sales taxes, you will be a "responsible person" and assessed for any client underpayments. Then you have to go to appeals, etc and prove why you should not be held liable for those taxes. Even if you are not, it is a heck of a headache (and expensive) to prove it.

Natalie (talk|edits) said:

June 26, 2009
Agreed. No check signing for clients, for many reasons.

Davidcpa (talk|edits) said:

10 November 2009
OK - I am pretty sure I know what you are going to say, but a client says I am "being difficult." Since my wife thinks I am being difficult sometimes when I don't think I am....I would like to hear your thoughts.

I have said no to check signing. They have suggested we get a signature stamp...their signature...and checks are "signed" that way. I feel this still gives me unsupervised/uncontrolled access to their checking account. As has been suggested above, I do not want uncontrolled access to their checking account.

Anybody think I am being difficult? Anybody agree with me? Anybody have a good reason to do the signature stamp?

Thanks.

BrockEA (talk|edits) said:

10 November 2009
My personal opinion is that the IRS needs to work with tax/bookkeeping providers to establish some sort of exemption from the penalties to allow providers to do exactly this service.


Our society has turned from a agricultural/manufacturing society with large families to a largely service/information bases society with much smaller family sizes. Accordingly, many seniors (who are very much targets of thieves) need someone to manage this for them because they no longer have the family to help them. I understand the hesitancy of the IRS but I would think the number of seniors who need help that are defrauded by kids or predator thieves would be higher than professionals.


However, I don't personally see that the IRS will differentiate between the manual signing of your name (as a signer on the account) and you having control over the use of a stamp of the client's signature. In both events, you have the ability to misappropriate client funds by signing a check without client consent--what does the IRS care whether you used your personal signature on file at the bank or the client's stamped signature to commit a crime?


Here's an idea: You do every bit of what the client wants you to do including opening the client's bills, preparing checks, and then you take them to the client and let them sign them or stamp them. I think the issue the client is trying to avoid is the administrata.


If they cannot understand 'The IRS will not let me' and consider it that you are being difficult...they might need to go.


BrockEA

EasternPA (talk|edits) said:

10 November 2009
Next to death, the next loneliest moment is when you say "Yes, Your Honor, that is my signature."

You'll be alone, very alone.

Natalie (talk|edits) said:

November 10, 2009
No, nada, never ever. It's that simple.

BrockEA (talk|edits) said:

11 November 2009
Adding to my comments above, I think that one of our members--when starting out and hungry--would go to nursing homes and do this type of work (absent the signatures) but stopped it after a little while because the headaches were plentiful and the fees weren't worth it. As the others have said....not worth it.


BrockEA

Davidcpa (talk|edits) said:

11 November 2009
Thanks. Like I said, I figured I knew what you would say.

It is actually a new corporate client that wants us to do bookkeeping, pay bills, monthly financials, etc... His former CPA was a signor on his bank accounts, signed checks, paychecks, payroll tax forms, tax deposits, etc... She (and her staff) would receive bills in their office, approve them and pay them. No PO system. The owner liked it..."I hate that stuff and it just happened. I did not have to mess with it." So especially relative to that it looked like I am being difficult.

But I did have a nice chat with him. Basically told him while I agree he does not need to be doing some of this, he needs to know what is going on. Assuming the former CPA did everything correctly, he still needs to know how he is doing financially, what is profitable, what is not, etc... Then, I did see where the former group double/triple paid some invoices and made some tax payments late and buried the penalties....you always have to wonder why a payment to US Treasury is posted to repairs & maintenance. After seeing that, he agreed he needs to be more aware of what was going on.

Natalie (talk|edits) said:

November 11, 2009
In the case you provide, David, there are NO controls! The CPA put herself on the hook because she did it all. Wow, they're (both your client and the CPA) are really lucky the whole thing didn't blow up in their faces, e.g., fraud, unpaid PR taxes, etc.

FloridaTaxes (talk|edits) said:

11 November 2009
What about the clients that want you to setup their EFTPS account for payroll taxes and then sign in and make the tax deposits? I always say no. In this case I would not be a signor on the account but it still seems it can cause problems.

Davidcpa (talk|edits) said:

11 November 2009
Natalie - Yeah! At first he was telling me everything they did and I am thinking...no way! What accountant/CPA would do that? Then I saw copies of PR tax returns, cancelled checks, etc... Yep, that is her signature. In talking with the client, he knows other clients there and she does it that way for all of them. Plus, it sounds like she has some lower level folks that are there to crank through the bills/checks...so you can see why some things were paid incorrectly. Now that this guy is starting to see what could have gone wrong, he is seeing my point.

BrockEA (talk|edits) said:

13 November 2009
FloridaTaxes,


I don't know about the EFTPS legality or violation of any rules, but I certainly would NOT be involved with any gate keeping for any client deposits...writing checks or controlling EFTPS.


I am not sure whether the IRS would consider your performing EFTPS as evidence you are a responsible person. Also what happens if the client takes back control of his EFTPS and forgets....client: "I don't know IRS, Charlie Accountant was supposed to make the deposits but quit".


I hold clients' hands enough....if they want to force their administration on me as well, I think I would just say no and if they object I would send them down the road.


BrockEA

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