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Preparer Penalties

Overview

  • Greater of $1,000 or 50% of the Preparation Fee – Unreasonable position
  • Greater of $5,000 or 75% (50% prior to 2016) of the Preparation Fee – Willful or Reckless Conduct
  • $635* – Per check - Negotiating a refund check
  • $250/$1,000– Each - Improper return information disclosure
  • $635*, up from $600 for filings in 2025 (generally 2024 returns) – Each failure to comply with Head of Household, EITC, Child Tax Credit & AOTC due diligence with no maximum.
  • $65* – Each failure, $32,500* max. to…
    • Furnish a completed copy of the return.
    • Keep a copy of the return (or keep list).
    • Reflect preparer’s ID number on return.
    • Sign a return.
    • File correct information returns
    • Retain and make available a record of preparers employed, plus $60 for each failure to include a required item in that record.

*Amount applies to returns or refund claims filed in 2025 (i.e., generally 2024 returns)

  • Form 8275 - Disclosure Statement
  • Form 8275-R – Regulation Disclosure Statement
  • Form 14157 – Complaint: Tax Return Preparer
  • Form 14157-A - Tax Return Preparer Fraud or Misconduct Affidavit

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