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Comment by ffwang2 | Hacker News Reader

i'm a bit unclear who has the liability even when you use a CPA. accountants are humans that sometimes make mistakes.

The IRS made it crystal clear to me long ago. The tax filer is responsible for everything on the tax return, regardless of the preparer. Of course, accountants can be liable in other ways, but the filer has to pay the fines if the accountant makes a mistake.

From the IRS' point of view, the tax-payer is responsible for paying all of it. You can then turn around and sue to recover any of the fees/fines or penalties incurred as a result of an error made by the accountant, not the actual taxes though.

It seems disingenuous by our government. Create a tax strategy that is so complicated, people feel like they have to hire professionals. However, if the professionals err, it's the citizenry that pays the penalty.

Seems like simplify or just erradicting the tax code would be more just at this point.

I believe it's a global thing.

In some jurisdictions, it may help with criminal but not civil liability.

You can - literally - have the same government force the negligent CPA pay via the judiciary. That’s what a lawsuit is.

Normally it doesn’t get to that point though. CPAs do not want to be known as the person that misfiled taxes and got a court to rule them negligent. They carry insurance for errors so mostly just end up queitly making it right when there is an error.

In NZ the liability is generally on you and not the accountant.

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