Submit 2007 before amending 2004 & 2006?

Jun 17, 2008 13 Replies

I noticed that HR Block had a deal to review 3 previous tax return for only $49. So, I brought in 2006, 2005, and 2004 (my 07 is not done yet). I?ve used 2 CPA?s for taxes for the last 3 tax years.



I met with the HR Block tax advisor today. She found that deductible expenses had not been included by my CPA in two tax years. She found that deductible expenses were missing from both the 2004 and 2006 return. So she recommended an amended tax return for 2004 and 2006. I agreed .



She also has offered to prepare my 2007 return, (for which I filed an extension back in April). I suggested that we *first* amend the 2004 and 2006 returns, so that we?ll know how it may affect the 2007 tax liability. (I don?t expect I?ll owe anything for 2007. In fact, my



06 return resulted in a refund of approx 11K, which I elected to carry forward to 2007. I expect I?ll have a refund in 2007).

She strongly recommended that we do the prepare the 2007 return first, then amend the 04 and 06 returns.



That seemed odd to me. Both of these amended returns for 2004 and



2006 will result in a lower tax liability. It seemed odd to me. I got the feeling that she simply wanted to get her hands on the 2007 tax return, and that the 2004 and 2006 were not as important to her.

Does it make sense to prepare and submit the 2007 tax return before amending the 04 and 06 returns, or is it really better to complete the



2007 tax return first?

Thanks.


Is Block tellng you that you can receive a refund by amending your 2004 return?

If so, did you get an extension to file your 2004 return? When was it filed?

Maybe. In order to receive the stimulus check sooner, one should file the 2007 return as early as possible. If only deductible expenses were missing in the prior year return, then the order in which they do the returns does not matter. By contrast, if the capital loss carryover changed in 2004, then 2005 and all later years would have to be amended so it makes sense to do the 2004 amended return first. They might want to do the 2007 return first simply to bill you for it, as $49 probably won't cover their labor for the amended returns. There's a possibility you may just do the amended returns for $49 and do the 2007 return on your own.

But a 2004 return is typically due on April 15 2005, and the statute of limitations to amend it is (usually) 3 years, so until April 15

2008 you can amend it. But today is June 2008.

Thank you all for your replies. I don't have time for anything but a very short reply at the moment.

The $49 fee only applies to the review of the 3 previous tax returns. The amended returns are quite a bit more.

But, regarding filing an amendment for 2004: I was a bit surprised that a return that old could be amended, but I thought, "surely the HR Block tax preparer knows the rules about filing amended tax rerturns. Finding errors and amending returns is the purpose of the review of previous tax returns. That's why I'm here!".

Also, she never mentioned the economic stimulus to me. I am well aware of it, but that never came up. So that was not a reason given. In fact, since she did not have a good reason, I felt like she was merely trying to "capture" work that she preferred, or was in some way to her own advantage.

The fact that she never asked me when I filed 2004 or if I filed an extension for 2004, does not give me much confidence in that tax preparer.....

Again, thanks to everyone for taking the time to reply.

I am curious what deductible expenses were missing, and how she became aware of them (and why your CPA missed them, or consciously decided not to include them).

It can be amended. That might or might not help you.

You can amend your 2000 return now, if you see a reason to. It could help you; for instance, if you have a large capital loss, you wouldn't get the benefit of the $3000 deduction against ordinary income for 2000 through 2004 (maybe 2004 if you had an extension), but you'd still get it for 2005 and on.

Likewise with other carryforwards.

Seth

I don't know whether you filed an extension or not. But the date you filed 2004 should be on the Return itself, so she didn't need to ask.

Some people automatically file for extensions, and sometimes still manage to file by April 15.

Seth

You mean that if one filed for an extension for 2004; but actually filed the 2004 Return by April 15, then that person has until Aug/ Oct(?) to amend his 2004 Return?

If the time limit is 3 years after the return was due, then yes.

Actually, you can always amend a return; the limit is on amending to lower your taxes and actually getting the refund.

Seth

[...]

Strictly as a practical matter, with software (self-prepared or commercial) it is always easier and better to start with the oldest return and work forward, to take advantage of automated carryover of information.

In order to perform the "review", was a return actually created using HR Block software, or was it just a desk review of the printed output? If the former, then I don't see what the problem is. For any preparer, obviously the best thing for them is to do *all* of your returns, so why not just offer a complete package including prior and 2007?

Shopping around helps keep all preparers on their toes; however by using what is now your third different preparer in almost as many years, you are giving yourself an uphill battle when it comes to consistency and thoroughness.

-Mark Bole

snip

An amended return claiming a refund of overpaid taxes must be filed by the later of (1) 3 years from the date the return was filed or (2) 2 years from the date the tax was paid. The statute for claims on the

2004 return expires 3 years from the date the original return was filed, sometime between April 15 and October 15, 2008 if it was a timely filed return. IRC Sec. 6511(a).

So file the 2004 claim first, if the statute is still open. But watch out -- are the "missed" deductions this H&R Block person identified really valid? Will Block refund the preparation fees if the claim is denied?

Katie in San Diego

Yeah, it would be intesting to know the specific "missed" deductions being talked about.

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