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Old 12.02.2018, 15:23
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Dodgy tax advisor. Never again!

Hi there,
Back in 2015 I got my tax declaration done by an advisor who forgot to include a loan rresulting in an increase of my wealth tax. Being a newbie I didn't realize until I changed tax advisor. Claiming back to the Canton is out of question as they only give you 30 days to disagree. The question is, do I have any legal ground to claim this to my ex-tax advisor? Or at least claim the fee he charged me? Anyone has any hints?
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Old 12.02.2018, 15:50
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Re: Dodgy tax advisor. Never again!

How much did your asset/liability swing the needle?
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Old 12.02.2018, 18:04
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Re: Dodgy tax advisor. Never again!

Highly likely you have no recourse against advisor unless you
- have (unusual) contract where they assume liability for returns, or
- you can conclusively prove preparer was grossly negligent (extremely if not impossibly difficult) or
- you never signed the return (e.g. the advisor signed with power of attorney)
Even then, most tax filings give professional preparers an "out" since when you sign it you certify you agree and are responsible regardless of who prepared it.
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Old 12.02.2018, 18:11
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Re: Dodgy tax advisor. Never again!

Before you start considering all your options (if any), calculate exactly what your loss is. Wealth tax is not high compared with say income tax. Of course, if the loan was, say, a large mortgage the overpayment may be significant.
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Old 12.02.2018, 18:11
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Re: Dodgy tax advisor. Never again!

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Highly likely you have no recourse against advisor unless you
- have (unusual) contract where they assume liability for returns, or
- you can conclusively prove preparer was grossly negligent (extremely if not impossibly difficult) or
- you never signed the return (e.g. the advisor signed with power of attorney)
Even then, most tax filings give professional preparers an "out" since when you sign it you certify you agree and are responsible regardless of who prepared it.
Not entirely - there's probably no recourse for consequential / indirect damages.

But claiming back the professional fees for an incorrectly prepared return is a more simple case of failure to deliver the contracted service.

Unless it was complex and cost a lot, the latter probably isn't worth the bother though.
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