sambapink

I posted about my tax problem before. So just a brief synopsis, so as not to bore (again)

- Filed our first tax return in 08 for 07 tax year.
- Also applied for ITIN's for 3 children at the same time.
- Got 2 ITINS through no problem - eldest childs didn't come through.
- Didn't get full refund because eldest childs ITIN application was rejected.
- Have applied 3 more times since - finally got ITIN in May 09. (which was ironic because she also got her work permit through in May and can now apply for SSN)

I actually started working for the same company that did the first tax return (worked 08 tax season). I had to leave because they were shite, but also because of a conflict in interest over the ITIN application. A colleague of mine had promised me that she had sent off the application in the beginning of Jan and in fact had done nothing of the sort - even though I had been to her office on 3 seperate occasions and asked her outright if she had done it. It wasn't until the district manager called her out about it, that she admitted to 'dropping the ball'

Basically they totally messed it up. I have called the IRS on countless occasions and have been told different stories each time (Anyone that has had to deal with the IRS will know that it can be infuriating at best to deal with them). Finally in August this year they told me the case had been closed and no explanation. I have to write a letter.

So off I pop to see the people who have messed all this up - 3 hours I was sat there. I actually spent the whole time on the phone to the IRS. Basically to be told that because the ITIN was not issued until 09 it can not be used on the 07 return So, what? just walk away from the money that is owed to us? That is legally ours?

I was told to call the Tax Law Dept. to confirm this is infact the case. I couldn't - I just had had it at that point and left telling the representative to call them and let me know the outcome.

We are waiting for quite a bit of money - but thats almost not the point anymore. What would you do in this situation. I feel like calling the district manager of this company and telling him what for. I am so sick and tired of having to deal with the IRS - especially when this was due to the companys error.

Sorry, that's quite a rant - I can not tell you how incredibly frustrating the whole situation is.

chartreuse

I would go directly to an attorney and sue the company. It seems clear that there was a duty of care and that its breach caused you harm. That spells TORT, baby.

I'm not normally litigious, but it sounds like they really don't give a toss and at least that would make them sit up and take notice.

sambapink

I certainly feel like threatening to sue them - I genuinely feel this company should cough up the money, and let them go after the IRS for it. Why should we suffer for their f@ck up!

chartreuse

Precisely. It seems that a lot of companies in the US rely on getting away with being shite because people won't avail themselves of their legal rights. The bigger ones have departments full of analysts running the numbers on how big of a fsck up they can be before enough folks get riled up enough to eat into the profit margin.

It could well be that, if you sue, they'll settle out of court. They probably have a contingency fund already in place.

Mummy in the foothills

I'd take it all to an independent proper CPA and have them sort it all out by re filing the taxes for 07.
If you sue then they can pay the fees you'll be paying the new CPA and other costs.
We have a really good CPA works alone and he's an Ex-Pat, Dutch not Brit but he knows his stuff.
I've always heard bad things about the tax prepares you are referring too and worked for.

Bob

Sue the individual followed by the company...it's a franchise gig ain't it? so there might not be a lot in the coughers but should make them pull their fingers out.

sambapink

The have re-filed the taxes 4 times already.. well they have sent in 4 amended returns with the ITIN applications. That won't matter now, if what they are telling me correct - ITIN received in 09 so can't be 'backdated' to a 07 return. Seems utterly ridiculous. My daughter was a legal resident, and a legal dependant on our return. You can amend returns for up to 3 years - so why not for an ITIN?

sambapink

I think that is what I am going to say when I call the district manager tomorrow. Typically, the district manager I spoke to earlier this year about my colleague not submitting the application has left

fatbrit

Are the folks licensed? Often a good place to start....

http://www.dca.ca.gov/cba/consumers/complain.shtml

sambapink

Oh they are a big outfit - was warned before not to mention them. But their logo is a big green square

Thanks for the link FB.. They certainly have been incompetent, at the very least!

dbj1000

I don't think your situation is the least bit amusing...

...but I think it's f***ing hilarious that you went and worked for them!

Sue them. That's the only way you'll get any money back.

Don't say I didn't warn you (and many, many others on these boards) about what incompetent assholes H&R F**k are.

...but not you, of course. I'm sure you were an excellent "tax preparation expert" while you worked for that wonderful, wonderful company!

sambapink

How wonderful to be so righteous.

dbj1000

If I remember the story correctly, you were stuck in this saga of the ITINs for a couple of years, and you got some very good advice here about going to a real CPA to get the problem resolved, or even filing the trivially easy paperwork yourself.

Instead, you went and worked for the same company that screwed up your tax, as a tax adviser.

I'm not just righteous, I'm bloody outraged. When you went and worked for them you went from being the victim to potentially being the perpetrator. It's not your money you were dealing with when you took that piss-poor company's training and started getting paid to prepare other people's taxes.

sambapink

When I did the piss poor training it was to learn more about US taxes. At this point we thought the problem had been fixed. It was during that training course that I was introduced to the the so called 'expert' on ITIN's after I had discovered that infact it hadn't been fixed. She promised that the problem would be fixed and I had no reason at that point to dis believe her. Naive? Absolutely.

I thoroughly enjoyed the piss poor course - not just because I was learning something new but because I got to meet new people and expand my horizons in a new country. I met alot of people who were excellent at what they did, and when the offer arrived I thought it would be a good opportunity for me to join them. Again naively, I thought I could keep the two issues seperate. Which as it turns out wasn't the case.

Please don't waste your emotions on being bloody outraged. I think I'm covering that for the two of us.

Ray

Prpbably your smoking will have to take some blame