Can you sue your CPA?

Asked by: Earlene Wintheiser V  |  Last update: June 26, 2026
Score: 4.2/5 (19 votes)

Yes, you can sue your Certified Public Accountant (CPA) for malpractice, negligence, or breach of contract if their errors caused you financial harm. Common grounds for lawsuits include failing to meet professional standards, missing deadlines, or errors leading to IRS penalties. However, you must prove their action directly caused your losses.

Can I sue my CPA for negligence?

If you've suffered financial loss due to a negligent accountant, you may have legal options and may be entitled to compensation. At Morgan & Morgan, our attorneys understand the complexities of malpractice claims and are ready to fight for the justice and compensation you deserve.

Can a CPA be held liable?

Absolutely. Depending on the jurisdiction, CPAs may face liability based on negligence, breach of contract, or even fraud. But that's a civil matter between you and them, seperate from you're tax debt.

Do accountants get sued a lot?

Without fail, in almost all cases where fraud has occurred, a company will sue its CPA (or consider suing them). This is true no matter what service the CPA has provided, including tax and consulting and simple compilation services.

Are you liable if your CPA makes a mistake?

Even if the IRS finds that your accountant made an error, you will still be liable for any accrued penalties.

Can I sue an accountant for malpractice?

16 related questions found

What is the most common legal complaint against CPAs?

The most common legal complaints against CPAs involve negligence and malpractice, primarily stemming from incorrect tax preparation/advice, causing clients penalties, audits, or financial losses, and failing to meet professional standards (GAAP/GAAS) in areas like auditing, financial reporting, or handling funds, often resulting in failure to detect fraud, missed deadlines, or misstated financials.

Can accountants go to jail for mistakes?

If convicted of any crime, an accountant will face the same possible consequences as any other individual, as California law provides. Possible penalties include the following: Jail or prison time.

Can CPAs go to jail?

It is a crime to knowingly prepare a false tax return. Many return preparers are not aware of the severity of civil and criminal penalties for a false tax return. Not only can a CPA lose the ability to represent their client to the IRS, but the CPA can lose their CPA license and potentially go to prison.

Can I sue my accountant for bad advice?

In short, yes, you can sue your accountant. When dealing with finance, mistakes by professionals could be costly to both individuals and businesses. The advice that accountants or tax advisors give is critical.

Do CPAs go to court?

CPAs routinely handle audits, penalties, and administrative appeals. To further complicate matters a CPA cannot legally file a tax court petition on behalf of their client or otherwise without engaging in the unauthorized practice of law.

What are the legal liabilities of a CPA?

Depending on the jurisdiction, CPAs may be liable for damages based upon common law, statutory law, or both. Common law liability arises from negligence, breach of contract, and fraud. Statutory law liability is the obligation that comes from a certain statute or a law, which is applied, to society.

Can I sue my tax preparer if I get audited?

You can report a tax preparer to the IRS for misconduct, even if you didn't suffer financial loss, and the IRS can impose penalties, revoke credentials, or take legal action. You may sue a negligent tax preparer if their actions caused financial harm, but you cannot recover legitimate taxes you were required to pay.

What would make a CPA liable to get sued?

An accountant owes their clients a duty of care of a reasonably prudent accountant. If they breach this duty, they can be held liable for negligence. Accounting negligence can occur when an accountant does not accurately analyze and calculate the information the client hired them to handle.

Why are CPAs quitting?

CPAs are quitting due to intense burnout from long hours, heavy workloads, and poor work-life balance, compounded by low salaries relative to other fields, monotonous tasks, and limited growth opportunities, with younger professionals also concerned about AI's future impact and a lack of purpose, creating a significant industry-wide talent shortage. 

When can I sue my CPA?

You can sue an accountant for negligence if their failure to follow professional standards (like GAAP, GAAS, or AICPA rules) causes you financial losses.

Does India have CPAs?

The US CPA credential, issued by the American Institute of Certified Public Accountants (AICPA), is a hallmark of excellence in accounting, auditing, taxation, and business management. Indian accountants who earn the CPA title gain global recognition in sectors such as: Multinational corporations (MNCs)

Do accountants get sued often?

Tax services generate 55% of all accountant lawsuits. Average lawsuit costs start at $54,000, with contract disputes costing $90,000 or more. Third parties (lenders, investors) file 30% of claims, often after client bankruptcies. Common claim types include negligence, breach of contract, and fraud.

What to do if your CPA messes up your taxes?

The IRS May Be Willing to Listen if You Relied on Your Tax Preparer in Good Faith. If your tax preparer made a mistake, you can prove it, and you can prove that you relied on your tax preparer's advice in good faith, the IRS or the California Franchise Tax Board may be willing to listen.