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Can my accountant refuse to give me copies of my W2's even though the business owes her for preparing the taxes?
Anonymous2 views3 answers
My company went thru a hostile takeover from family members in 2012. I have asked the accountant for copies of W2's due to the fact everything was also stolen but she refuses until she is paid. I was in business for 34 years before this and always paid my bills. I no longer am employed due to all this and can't pay her. I also can't file my taxes which are now 4 years late.
While I am not sure of the specific answer to this question - I think the answer is no by the way. I would suggest contacting the IRS to ask for your "Wage and Income Transcript" - you can get this by calling or thru the website (although there were some issues with this feature in the recent past). This document will have all your federally reported income information and you can usually go back at least 6 years.
The AICPA code of conduct allows a CPA to withhold tax returns from clients if the tax preparation fee is not paid. State law may trump this rule.
The suggestion of asking the IRS for a transcript is a good idea. Another option is to use IRS form 4852 as a substitute.
IRS Circular 230 governs this and its not ethical. the prepare needs to return your original documents if requested. If there is no payment they don't need to release their work product. If you need copies of the W-2 you can call the IRS and get a wage and income transcript. Expect to be on hold for a long time.
