The Professional Liability of the Accountant and Client Protection
Entrusting the accounting and tax management of one's business or personal assets to a professional requires a relationship of deep trust. When this trust is betrayed by professional error, the consequences are not only emotional but often translate into heavy penalties, tax assessments, and significant financial losses. We fully understand the state of mind of those who find themselves having to pay for faults that are not their own: the sense of injustice is strong, especially when they believed they were in safe hands. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci deals with these delicate situations daily, working to restore the economic balance compromised by professional negligence.
The Regulatory Framework: When an Accountant Must Compensate
The accountant's liability is contractual in nature and is based on the professional mandate conferred by the client. According to the Civil Code, the professional must fulfill their obligations not with the generic diligence of a good father of a family, but with the specific diligence required by the nature of the activity carried out (art. 1176, paragraph 2 of the Civil Code). This means that a chartered accountant is required to have in-depth knowledge of tax regulations and to respect deadlines.
To obtain compensation, it is not enough to prove the error (such as a delay in filing a tax return or an incorrect calculation of taxes), but it is necessary to prove the causal link between that error and the damage suffered by the client. The compensable damage usually includes penalties imposed by the Revenue Agency and accrued interest, while the base tax generally remains the responsibility of the taxpayer, as it is a pre-existing debt that would have had to be paid anyway. However, in cases of gross negligence that preclude access to tax benefits or preferential regimes, compensation may extend further.
The Approach of Studio Legale Bianucci in Milan
Avv. Marco Bianucci, a lawyer expert in professional liability and damages compensation in Milan, adopts an analytical and rigorous approach to protect clients who are victims of accounting errors. The firm's strategy always begins with a detailed review of the documentation: the mandate contract, the correspondence with the professional, and the assessment notices received from the tax authorities.
The primary objective is to build a solid case for liability. Often, the first step is to verify the accountant's insurance coverage. The law requires professionals to take out a professional civil liability policy: this is a crucial element that Avv. Marco Bianucci uses to negotiate swift and effective compensation, by directly liaising with insurance companies. Should the out-of-court route not lead to the desired outcome, the firm is prepared to proceed in court to obtain full reimbursement of the economic prejudice suffered, including the costs incurred to remedy the error.
Frequently Asked Questions
If the accountant makes a mistake on the tax return, who pays the penalties?
Initially, the Revenue Agency demands payment from the taxpayer, who is the holder of the tax debt. However, if the error is attributable to the professional, the client has the right to seek reimbursement of the penalties and interest paid due to that negligence. The tax due, on the other hand, remains the responsibility of the taxpayer.
How long do I have to claim compensation from the accountant?
The action for contractual liability against the accountant is subject to the ordinary statute of limitations of ten years. The period begins not from the moment the error was committed, but from the moment the damage manifested externally and became objectively perceivable by the client, usually coinciding with the receipt of the assessment notice or tax collection notice.
Can I refuse to pay the invoice if the accountant made a mistake?
If the professional's breach of contract is of not minor importance and has rendered the service performed useless, it is possible to raise the defense of non-performance and refuse to pay the fee, or request its refund if already paid. However, it is essential that there is a proportionality between the error committed and the refusal to pay; for this reason, it is advisable to consult a lawyer specializing in damages compensation before suspending payments.
Is the accountant obliged to have insurance?
Yes, by law, all chartered accountants and accounting experts are required to take out a professional civil liability insurance policy to cover damages caused to clients in the course of their activity. In the event of a claim, it is possible to involve the insurance company to obtain compensation.
Request an Assessment of Your Case in Milan
If you have received a tax collection notice or an assessment notice due to an error by your tax advisor, it is crucial to act promptly. Avv. Marco Bianucci, thanks to his consolidated experience in professional liability matters, is at your disposal to analyze the situation and assess the grounds for a claim for compensation.
Contact Studio Legale Bianucci at its Milan office, located at Via Alberto da Giussano 26, for a preliminary consultation and to define the best strategy to protect your assets.