Can I sue my tax filing service provider if he hasnt filed at all and neighter informed me he'd be late?

My tax filing service provider took all information from me, sent me a draft, took payment for all tax service and told that he'd send a doc to be signed by me (same as draft) and then he'll e-file it. Now last date has passed and he neighter sent the mail, nor filed for extension nor replied to my email I sent him. Can I sue him? since I am at financial loss and I'll have to pay to some other provider to get this done, plus IRS penalties in form of interest. Plus I have been very tensed those days waitied for his mail to come and I arranged fedex to quickly return it same day. Its been a real pain for me. I dont intend to defame him, but to ask for persosnal opinions and views from you and then I can go and ask for legal assistance.

Anyone can sue for pretty much anything. Winning and collecting are entirely different matters. At best you'd be entitled to a refund of any fees paid. Most pros will cover IRS penalties due to their own negligence but there is no legal basis to recover that from them involuntarily.

You'd only likely prevail if you had brought your tax information to him early in the season. If you brought your tax information to him late then you should have no reasonable expectation of them being prepared on time unless you had an explicit contractual agreement for him to do so, although he should have applied for an extension if he knew or suspected that he'd be late.

Whether there will be any penalties or interest for late filing depends upon any balance due. If you're due a refund there is no penalty involved. Many tax pros will "back-burner" returns that show a refund due and put priority on those who will owe when they file. Again, he should have communicated this to you.

Have you called and spoken to him?

Yes I tried to reach him 4 times, all times nobody picked up the call. I wrote 2 emails, no ansswer yet. I know several other clients of this tax filing company who are having similar experience. I really appreciate and thank you so much for the answer! Report It

Sounds like you need to find someone else to get your taxes prepared. Hopefully you only gave him copies of your paperwork, or at least kept copies for yourself. TFTP. Report It

Yes I did! And I am going for another tax preparer and actually my tax is not so complicated, just that it was the first time! Thank you and appreciate it! Report It