Former tax accountant does not want to release tax documents

[Proton Anna 3]

Hello everyone, 

I am reaching out to you regarding a problem that my ex has with his former tax accountant. He is self-employed and recently changed his tax accountant because she was very unreliable.  She still did not file his 2019 taxes. He found another accountant that would like to do it, however from what I understood, the new accountant needs all the papers (2020 tax papers too) because he would be able to give my ex a better tax return by combining both years. 

This is where the issue is. The former tax accountant has refused to forward the 2020 tax papers to the new accountant. She does not answer our calls at all, does not reply to our messages. 

Is there anything we can do short of hiring a lawyer? Can we file a complaint against her with some legal institution that would threaten to take away her license? 

Thank you, 

Proton Anna

[karin_brenig 515]

here's what I would do:

Stop texting/calling - these methods are not legally binding in any way.

 

Your ex needs to write a letter and send it "Einschreiben mit Rückschein" reminding his former tax accountant of their legal obligations:

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjF5_fN17D0AhUwhP0HHVx5C9cQFnoECAsQAQ&url=https%3A%2F%2Fwww.stbk-hessen.de%2Ffileadmin%2F%2Fcustomer%2F5._Aktuelles_und_Berufsrecht%2FUmgang_mit_Datenbest%25C3%25A4nden_bei_Mandatsbeendigung_und_-wechsel.pdf&usg=AOvVaw3hJLlQvopIhvk1G7p_3khH

 

Quote

Wird ein Mandat beendet und sind alle Honorarforderungen des Steuerberaters beglichen, ist der Steuerberater verpflichtet, seine Handakten i. S. v. § 66 StBerG auf Anforderung des Mandanten an den Mandanten herauszugeben.

 

Set a date by which the papers have to be returned. Also let the former tax accountant know, that in case of non-compliance the Steuerberaterkammer will be informed and a formal complaint will be filed with them.

[HH_Sailor 2,813]

Note that the above German text

includes the caveat:

'and all the outstanding invoices to the accountant have been paid'

 

Maybe that's why they won't budge?

[Proton Anna 3]

13 hours ago, karin_brenig said:

here's what I would do:

Stop texting/calling - these methods are not legally binding in any way.

 

Your ex needs to write a letter and send it "Einschreiben mit Rückschein" reminding his former tax accountant of their legal obligations:

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjF5_fN17D0AhUwhP0HHVx5C9cQFnoECAsQAQ&url=https%3A%2F%2Fwww.stbk-hessen.de%2Ffileadmin%2F%2Fcustomer%2F5._Aktuelles_und_Berufsrecht%2FUmgang_mit_Datenbest%25C3%25A4nden_bei_Mandatsbeendigung_und_-wechsel.pdf&usg=AOvVaw3hJLlQvopIhvk1G7p_3khH

 

 

Set a date by which the papers have to be returned. Also let the former tax accountant know, that in case of non-compliance the Steuerberaterkammer will be informed and a formal complaint will be filed with them.

Thank you