Malliotakis Bill to Protect Taxpayers from Ghost Preparers Passes House Unanimously
(WASHINGTON, DC) — Congresswoman Nicole Malliotakis applauded the unanimous House passage of her legislation, H.R. 9499, the Protecting Taxpayers from Ghost Preparers Act. This legislation takes an important step to ensure that taxpayers who are victims of preparer fraud are not unfairly punished for actions they did not commit.
Under current law, when a dishonest tax preparer commits fraud without the taxpayer's knowledge, the taxpayer may be subject to an indefinite statute of limitations, even if they had no intent to evade their tax obligations. The bill addresses this gap in the law by clarifying that the unlimited statute of limitations for fraudulent tax returns applies only when the taxpayer intended to commit fraud—not when a dishonest tax preparer acted alone without the taxpayer's knowledge.
Several recent New York cases underscore how dishonest tax preparers can exploit taxpayers and defraud the system. An individual on Long Island pleaded guilty to a nearly $12 million tax fraud scheme. They prepared fraudulent tax returns, charged clients more than $1 million in fees—including a percentage of their refunds—and put those taxpayers at risk while enriching themselves. An individual in the Bronx was sentenced to four years in prison for orchestrating a decade-long, $145 million tax fraud scheme. He oversaw the filing of tens of thousands of false tax returns, generating approximately $12 million in fraudulent proceeds.
“Far too many taxpayers have been forced to spend months trying to fix IRS problems they did not create, and my office has seen that frustration firsthand through more than 1,400 IRS-related constituent cases,” said Congresswoman Nicole Malliotakis. “With the unanimous passage of my legislation in the House, we are one step closer to ensuring innocent taxpayers are not penalized for fraud or misconduct committed by a tax preparer. This bill puts the responsibility where it belongs—on those who break the law—and gives taxpayers greater protection when they have acted in good faith. I hope the Senate will now take up this bipartisan, commonsense measure and send it to the President’s desk.”
“Shady businesses that file tax returns on behalf of taxpayers but deceive the IRS by making it appear that the taxpayer prepared the return are not just committing fraud – they are committing a crime that could leave an innocent taxpayer facing consequences and potential IRS penalties for something they did not do,” said Ways and Means Committee Chairman Jason Smith (MO-08). “With the Protecting Taxpayers from Ghost Preparers Act, we can ensure taxpayers do not face an indefinite future of IRS assessments or penalties due to the misdeeds of others. Having seen the impact of tax fraud on victims in the communities she serves, Representative Malliotakis is protecting the rights of taxpayers by keeping the IRS focused on going after the criminals responsible.”