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Level 4
June 16, 2020

Signed Financial Statement For A Lender

  • June 16, 2020
  • 3 replies
  • 2 views

I received a request from a self-employed tax client who is refinancing his mortgage.  He says the lender has asked for "audited" or signed financial statements from his tax preparer as part of his loan documents.  He says the lender is requiring it as a new COVID-19 requirement.

I am hesitant to provide this for two reasons.  I am concerned about possible liability issues if he defaults on the loan as well as the rules about disclosing client information to a third party.  In addition, I am not his bookkeeper (he does his own books).

Has anyone had experience with this or with this type of request?

KMACK

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    3 replies

    abctax55
    Level 15
    June 16, 2020
    Just-Lisa-Now-
    Intuit Community Champion
    June 16, 2020

    You are only responsible for and can sign the tax return you prepared. 

    They are probably doing this because they cant pull IRS transcripts to verify income, thats none of your concern though, dont let them bully you.

    Give them the Form 9325 showing that the return has been filed and accepted, along with the return that youve put your name to as paid preparer.

    Im sure if you call your E&O insurance company they will advise against you signing anything like that.

    ♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
    rbynaker
    Level 13
    June 16, 2020

    First of all, if you're not a CPA, you can't audit a financial statement.  If you are a CPA, then you have to follow the strict auditing rules of the AICPA.  Here's a good concise AICPA position paper on the subject:

    https://www.aicpa.org/content/dam/aicpa/interestareas/frc/downloadabledocuments/third-party-verification/aicpa-3pv-positionstatement.pdf

    So basically the lender doesn't get what they want but they get a piece of paper to stick in the file and that's usually enough to keep the ball rolling.

    I haven't seen one in a while, sorry to see these requests rearing their ugly head again.  AFAIK the 2014 language is still relevant and isn't exactly CPA specific (but read through it and see if something needs to be tweaked.)

    Rick

    rbynaker
    Level 13
    June 16, 2020

    Here are some sample disclosure letters.  The "bank" template is on PDF page 7:

    https://www.calt.iastate.edu/files/files-page/Sample%20Client%20Ltrs.%20%26%20Disclosure%20Consents.pdf