Discussion:Paying client's interest for my mistake
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| Revision as of 01:42, 21 December 2007 CrowJD (Talk | contribs) (Even if you have) ← Previous diff |
Revision as of 01:55, 21 December 2007 Mtmckeecpa (Talk | contribs) (That is why I ca) Next diff → |
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| {{ForumReplyPost|UserID=CrowJD|Date=21 December 2007|Text=Even if you have E&O insurance, I don't think I'd file a claim over an amt. of $300. }} | {{ForumReplyPost|UserID=CrowJD|Date=21 December 2007|Text=Even if you have E&O insurance, I don't think I'd file a claim over an amt. of $300. }} | ||
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| + | {{ForumReplyPost|UserID=Mtmckeecpa|Date=21 December 2007|Text=That is why I carry E&O insurance... | ||
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| + | As a side note, I picked up a new client in May and we filed their S corp and 1040 by the extended deadlines (or so I thought extended deadline on the 1040). Turns out the other CPA firm DID NOT timely file his 4868...client gets a '''$22k late filing penalty assessemnt'''<u>underline text</u>.. | ||
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| + | At what point do you call your E&O carrier? | ||
| + | }} | ||
Revision as of 01:55, 21 December 2007
Discussion Forum Index --> Basic Tax Questions --> Paying client's interest for my mistake
Discussion Forum Index --> Tax Questions --> Paying client's interest for my mistake
| 20 December 2007 | |
| After 10 years as a tax preparer - I have a client who just received an audit notice from NY state that she owes due to a mistake on her 2004 return - sure enough - it was my fault (simple, stupid mistake). She owes $300 in interest, plus the tax. How have others handled paying for this? As a reimbursement to her personally? pay directly to the government? credit against her bills with me? (although I feel she should get free tax preparation on top of paying her interest) Suggestions would be great! (and yes, I know I am calling for e & o insurance as soon as I post this.) | |
| 20 December 2007 | |
| Some feel that the taxpayer had the benefit of the use of the money, so the interest expense belongs to them.
I take the position that I am responsible for my own mistakes, and I would pay the interest by writing a check to the state for the amount in the notice. She is reponsible for the tax, but I don't want the interest to grow because she takes a while to pay the state. I limit my exposure by writing a check now. | |
| 20 December 2007 | |
| I would also go one further and do her return for free this coming year as an apology. | |
| 20 December 2007 | |
| It is a small price to pay for the goodwill it can build - you 'fessed up to your mistake and made it right. If she leaves you, she is probably not the type of client you want anyway. We are all human and have made errors. For some reason a Bible verse seems appropriate here. | |
| 20 December 2007 | |
| thank you for the advice - I think I will write a check directly to the state- | |
| 20 December 2007 | |
| A sidebar question to this issue - Is the interest I pay for a client deductible by me as "an ordinary & necessary business expense? What about a penalty I pay for a client? ('Cuz I'm NOT perfect & do make mistakes). | |
PHIL MOODY (talk|edits) said: | 20 December 2007 |
| If you pay it directly to the state, are you not paying someone else's interest, thus it is income to your client??
If you make the check payable to the client. it may be considered an adjustment for fees charged? | |
| 20 December 2007 | |
| when you get your oil changed and they forget to put the plug back in and you drive off and your engine blows up and the oil change dealer buys you a new engine
should the oil change dealer give you a 1099 for the new engine? | |
TheTinCook (talk|edits) said: | 20 December 2007 |
| HRB sends a 1099 when we pay interest and penelties. | |
Death&Taxes (talk|edits) said: | 20 December 2007 |
| TC: as a 1099-INT or 1099-MISC Block 3? | |
TheTinCook (talk|edits) said: | 20 December 2007 |
| Misc. | |
| 20 December 2007 | |
| Agree with those above who suggested paying both interest and penalty in addition to a freeebie next season. Why loose a client over this? Also, as Kevinh5 points out, the goodwill earned is more than worth the cost and the word does get out, either positive or negative, depending on how you handle it.
This is one of the hard parts of the job, admitting mistakes and handling them honarably. I feel that handling the situation well can get you a client for the long term and really defines what type of business you run. | |
Rgtaxservice (talk|edits) said: | 20 December 2007 |
| I've had two occasions when I paid the penalty/interest to my clients for errors that were truly my fault. Like reporting 27K instead of 29K...transposed the numbers.
However, on one occasion I did pay the tax. I had the niece of an 80+ yr old man stop by one April 12th to have me prepare the PA State Property Tax Rebate form. This form was not due until June 30th and after a long tax season, I tucked the form away to review after the 15th. Needless to say, it got tucked into a folder never to be seen again....until the niece called in July. Seems I forgot all about the uncle's form. The tax Rebate deadline was set in stone...so I couldn't just file it late. He was out of the rebate money. I felt so bad I wrote the uncle the $500 check for the rebate he would have recieved if I had done my job. Now no good deed goes unpunished. The niece and her husband were so impressed with the way I conducted myself in making things right for their uncle, then came to me as clients the following season. They came bearing a plumbing business and 5 rental buildings :) It was like hitting the jackpot. | |
Fuzzy Faced Leader (talk|edits) said: | 20 December 2007 |
| I guess I am the odd ball who disagrees with the rest of the posters. The interest charges is not a penalty for filing an erroneous tax return. It is money that the client earned by not paying enough tax. The client reviewed and signed the return. Who's to say he didn't notice the error, and sent it in anyway. Since the client earned the interest, he should remit it to the taxing authority. I pay penalties, but not interest.
Regarding the motor replacement, the new motor is not income. It is a replacement of a damaged asset. The dealer will not replace it with a new engine, but a comparable used engine. I know, this exact thing happened to me. | |
Death&Taxes (talk|edits) said: | 20 December 2007 |
| I've seen that argument, but as one suffering client noted when hearing that they made interest, 'yes, but you made me take a loan I did not want.' | |
| 20 December 2007 | |
| Fuzzy - I'm SO GLAD to be able to talk with someone with the exact same situation.
The question really is, 'is the customer with the used engine better off than he was before going to the oil-change dealer?'
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| December 20, 2007 | |
| If I were the client, I would appreciate the preparer paying it. Yes, I might have earned interest on it. But the interest rates are generally higher when borrowing than when earning on a savings account. And if you want to get really picky, most likely tax is paid on the interest income while interest expense is not deductible. | |
| 20 December 2007 | |
| I always pay the interest and any penalties that resulted from my oversight, plus I always refund the fee for the return that I misprepared. I don't overthink it because I'm afraid I'll just end up finding excuses and explanations for why my mistake was really someone else's fault. If I mess up, I just pay the piper. This creates a really big incentive for me to pay attention and get it right the first time. | |
| 20 December 2007 | |
| Amounts paid to or on behalf of a client to make him whole are not included income. In other words, if the payment merely brings the client back to the same position that he would have been in had the mistake not been made, then there is no economic gain, and thus, no income. See Rev. Rul. 57-47.
However, under RR 57-47, reimbursement for interest charges would constitute taxable income to the client since he had the use of the funds. Similarly, preparation of the client’s tax return without charge would constitute taxable income to the client. | |
Death&Taxes (talk|edits) said: | 20 December 2007 |
| Damned experts have to make us feel bad for doing right!!!!!!! | |
| 20 December 2007 | |
| Hi Everyone,
I also pay the interest & penalties if it's my fault. I would also prepare the next year for free or at a discount. | |
| 21 December 2007 | |
| Would you pay the extra taxes that a client might have to pay as a result of a missed election? | |
| 21 December 2007 | |
| Even if you have E&O insurance, I don't think I'd file a claim over an amt. of $300. | |
Mtmckeecpa (talk|edits) said: | 21 December 2007 |
| That is why I carry E&O insurance...
As a side note, I picked up a new client in May and we filed their S corp and 1040 by the extended deadlines (or so I thought extended deadline on the 1040). Turns out the other CPA firm DID NOT timely file his 4868...client gets a $22k late filing penalty assessemntunderline text.. At what point do you call your E&O carrier? | |


