The IRS urges taxpayers to choose their tax professional
carefully as reports are coming in from around the country describing
unscrupulous preparers who instruct their clients to make individual
shared responsibility payments directly to the preparer.
The IRS reminds individuals who owe the payment that
it should be made only with their tax return or in response to a letter from
the IRS. The payment should never be made directly to an individual or
return preparer. Most people don’t owe the payment at all because they have
health coverage or qualify for a coverage exemption.
The IRS has received several reports of this kind of
unscrupulous activity. In some cases, return preparers have told
taxpayers to make the payment directly to them, even though the taxpayer had
Medicaid or other health coverage and doesn’t need to make the shared
responsibility payment at all. In some parts of the country, unscrupulous
return preparers are targeting taxpayers with limited English proficiency and,
in particular, those who primarily speak Spanish.
These preparers are asking for direct payment to them, but
their reasons vary. Methods include:
·
telling individuals that they must make an individual
shared responsibility payment directly to the preparer because of their
immigration status,
·
promising to lower the payment amount if the client pays
it directly to the preparer, or
·
demanding money from individuals who are exempt from the
individual shared responsibility payment.
If you believe you have been targeted by an unscrupulous
preparer or you have been financially affected by a tax return preparer’s
misconduct or improper tax preparation practices, you can report it to the IRS
on Form 14157, Complaint: Tax Return Preparer.
Taxpayers who are unsure if they must make a payment can
use our Interactive Tax Assistant tool - Am I required to make an
Individual Shared Responsibility Payment? - to help determine if
they qualify for an exemption or owe the payment.
Choose a Tax Preparer Carefully
The vast majority of tax professionals provide honest,
high-quality service. However, the IRS encourages taxpayers to avoid dishonest
and unscrupulous preparers by choosing their preparer wisely. To help, the IRS
offers a new, online, searchable public directory of tax preparers who
currently hold professional credentials recognized by the IRS or certain other
qualifications.
For information on choosing a preparer, filing a complaint
about an unscrupulous preparer, or using the new directory, see our Choosing
a Tax Professional page on IRS.gov.
Tips about Individual Shared
Responsibility Payments
·
Payments are not required for individuals who had coverage
or qualify for an exemption for each month of the year.
·
Individuals who are not U.S. citizens or nationals, and
are not lawfully present in the United States, are exempt from the individual
shared responsibility provision and do not need to make a payment. For this
purpose, an immigrant with Deferred Action for Childhood Arrivals (DACA) status
is considered not lawfully present and therefore is exempt. An individual
may qualify for this exemption even if he or she has a social security number
(SSN).
·
Taxpayers either pay the shared responsibility payment
with their tax return or in response to a letter from the IRS requesting
payment. They should not make the payment directly to any individual or
return preparer. If a shared responsibility payment is due, taxpayers should
pay it to the United States Treasury. In most cases, the shared responsibility
payment reduces a taxpayer’s refund. If there is no refund, the payment will
increase the amount a taxpayer owes on the tax return.
Find out more about the tax-related provisions of the
health care law at IRS.gov/aca.
Using tax preparation software is the easiest way to file
a complete and accurate tax return. Visit the E-File Options page on
IRS.gov for information.
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