The Texas State Board of Public Accountancy (the Board) licenses and regulates certified professional accountants (CPAs) throughout the state of Texas. As a result, all complaints against CPAs go to the Board for investigation. The Board also files formal disciplinary charges when warranted, handles contested proceedings, and works to resolve these disciplinary proceedings. As the outcome of disciplinary proceedings can be severe, you should not hesitate to contact an experienced CPA license defense lawyer for assistance if you are facing this situation.
The Board regularly publishes information about disciplinary proceedings concerning CPAs so that the public have knowledge of those proceedings. Here is a summary of some recent disciplinary actions before the Board, which it ratified at its January 18, 2024, Board meeting.
Investigation Nos.: 23-08-02L & 23-08-03L
In this case, the respondents entered an Agreed Consent Order (ACO) with the Board that contained a Reprimand for failing to obtain a signed Form 8879 before filing a tax return for a client. The ACO also provides that the respondents shall pay an administrative penalty of $1,000 and administrative costs of $778.79 within 30 days of the date of the ACO. Furthermore, the respondents must refund $200 to the client within 30 days of the date of the ACO.
Investigation Nos.: 23-07-02L & 23-07-03L
The respondents entered an Agreed Consent Order (ACO) with a Reprimand for failing to report a client’s Qualified Charitable Distribution. As part of the ACO, the respondents must pay an administrative penalty of $1,000 and administrative costs of $778.79 within 30 days of the date of the ACO. The respondents also must reimburse the client $300 for the costs of correcting their tax return within 30 days of the ACO.
Investigation Nos.: 23-06-01L & 23-06-02L
In this case, the respondents violated Board rules concerning the exercise of due professional care when addressing or failing to address the franchise tax with a client in preparing a corporate business return. The respondents also practiced under a name other than the name in which the firm was license and used language on the firm’s website suggesting a specialization. Additionally, the respondents failed to substantively respond to requests for information from the Board. As a result, the respondents entered an Agreed Consent Order (ACO) with a reprimand. As a result of that ACO, the respondents must pay an administrative penalty of $2,500 and administrative costs within 30 days of the date of the ACO. The respondents also must complete eight hours of continuing professional education (CPE) in the area of practice management within six months of the date of the Board Order.
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Investigation Nos.: 23-07-13L & 23-07-14L
The respondents failed to exercise due professional care when taking a tax position that the client neither understood nor supported. As a result of this rules violation, the respondents entered an Agreed Consent Order with a Reprimand. The respondents must pay an administrative penalty of $1,000 and administrative costs of $778.79 within 30 days of the date of the ACO. Additionally, the respondents shall complete eight hours of technical continuing professional education (CPE) in the area of multistate tax.
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Investigation No.: 23-07-01L
The Board ratified an Agreed Consent Order (ACO) with a reprimand for this respondent, who failed to properly report past criminal actions to the Board. The respondent must pay $700.58 in administrative costs within 30 days of the date of the ACO and attend Accountants Confidential Assistance Network meetings for 24 months.
Investigation Nos.: 23-05-02L & 23-05-03L
In this case, the respondents failed to meet generally accepted auditing standards and accounting principles in the audit of a not-for-profit corporation. They also audited financial statements for clients while not properly enrolled in the American Institute of Certified Public Accountants Peer Review Program. Therefore, the respondents entered an ACO with a Reprimand that provides for an administrative penalty of $6,500 and administrative costs of $931.93. The respondents are to pay these penalties in 12 monthly installments beginning February 15, 2024.
Furthermore, the Board placed the respondents on limited scope, which means that they must obtain pre-issuance review for any audits, compilations, and reviews until the firm passes its next peer review. The Chair of the Technical Standards Review Committee must approve the pre-issuance reviewer chosen by the respondents.
Contact Bertolino LLP Today for Legal Assistance
Do not hesitate to get legal assistance if you are facing potential disciplinary action against your medical license. Retaining the services of legal counsel from the beginning of any disciplinary proceedings before the Board can be crucial to a more positive resolution of your case. Contact a Texas CPA license defense attorney immediately for help with your disciplinary proceedings today.
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