Best Accounting & Auditing Lawyers in Tarrytown

About Accounting & Auditing Law in Tarrytown, United States

Accounting and auditing law in Tarrytown reflects the intersection of professional licensing rules, state and federal tax and securities law, and business-regulation frameworks that apply to accountants, auditors, and the entities they serve. Tarrytown is in Westchester County, New York, so state laws and regulatory agencies in New York are the primary regulators for most accounting and auditing matters, while federal rules govern taxation, public company audits, and securities compliance. Common legal issues in this area include CPA licensing and discipline, claims of professional negligence or malpractice, regulatory investigations, tax controversies, and disputes arising from audits or financial reporting.

Why You May Need a Lawyer

People and businesses seek legal help in accounting and auditing matters for several reasons. Typical situations include:

- Allegations of accounting malpractice or negligence by a CPA or firm.

- Disputes with an auditor about audit scope, findings, or financial statement qualifications.

- Regulatory investigations or disciplinary proceedings before the New York State Board of Public Accountancy or federal regulators.

- Tax audits, collection actions, or appeals with the Internal Revenue Service or New York State Department of Taxation and Finance.

- Allegations of fraud, embezzlement, or financial misconduct involving business partners, employees, or outside advisors.

- Contract disputes involving accounting engagements, fee disputes, or breach of engagement terms.

- Representation in Securities and Exchange Commission matters or PCAOB inquiries when public company audit matters are involved.

- Whistleblower claims or defenses related to reporting of financial irregularities.

Local Laws Overview

Key legal and regulatory features relevant to accounting and auditing in Tarrytown include:

- Licensing and discipline - Accountants who use the CPA title in New York must meet state education, examination, and experience requirements and are regulated by the New York State Board of Public Accountancy. The Board handles licensure, renewals, and professional discipline.

- Peer review and professional standards - Firms that provide attest services are typically subject to peer review programs and must follow professional standards such as Generally Accepted Accounting Principles - GAAP for financial reporting and Generally Accepted Auditing Standards - GAAS or PCAOB standards for audits of public companies.

- Tax law - Federal and New York State tax laws significantly affect accounting practice. Tax controversies and audits are governed by federal IRS rules and New York State Department of Taxation and Finance procedures.

- Business entity law - Disputes involving financial reporting for corporations, partnerships, and LLCs implicate New York Business Corporation Law and partnership or LLC statutes applicable in Westchester County and New York State.

- Securities and federal oversight - Audits of public companies are subject to PCAOB registration and inspection and federal securities laws enforced by the Securities and Exchange Commission. Matters involving alleged securities-law violations may implicate federal courts, often the Southern District of New York for cases arising in this region.

- Privilege and confidentiality - Unlike attorney-client privilege, protection for communications with accountants is limited. Communications may be protected in some contexts if the accountant is acting as an agent for legal counsel, but absent that relationship, accountant-client privilege is generally narrower at the federal level. Confidentiality obligations under professional rules still apply.

- Local courts and remedies - Civil claims such as malpractice, breach of contract, fraud, and declaratory relief are typically handled in New York state courts in Westchester County. Federal claims involving federal tax, securities, or other federal statutes may be heard in federal court.

Frequently Asked Questions

What should I do first if I suspect my accountant made an error or engaged in misconduct?

Preserve all records and communications, including engagement letters, invoices, workpapers, and email. Ask the accountant for an explanation in writing. If the response is unsatisfactory, consult a lawyer experienced in accounting or professional malpractice to evaluate potential claims and next steps. Avoid destroying documents or altering records.

How do I know if an auditor or CPA in Tarrytown is licensed and in good standing?

Licensing and disciplinary records are maintained by the New York State Board of Public Accountancy. A lawyer or a local CPA can help you check a license status and any public disciplinary history. Many professional organizations and state oversight bodies also provide roster information.

Can I sue a CPA for negligent accounting or audit work?

Potential claims include negligence, breach of contract, breach of fiduciary duty, or fraud. Whether a lawsuit will succeed depends on the facts, the scope of the engagement, causation, and damages. Statutes of limitation and contractual limitations may apply, so consult an attorney promptly to preserve rights.

What is the difference between a complaint to the Board of Public Accountancy and filing a lawsuit?

A complaint to the Board is a regulatory process focused on professional discipline, which can result in license sanctions. A lawsuit is a civil remedy seeking monetary damages or other relief. You can pursue both paths, but they have different purposes and procedures.

How are disputes over audit fees or engagement terms handled?

Disputes typically turn on the engagement letter and the scope of services. Many engagement letters include dispute-resolution provisions such as negotiation, mediation, or arbitration. If no agreement exists, the dispute may proceed as a breach of contract claim in court.

What protections exist if I report suspected fraud to authorities?

Whistleblower protections vary by statute and the forum. Federal and state whistleblower laws can provide protections in certain contexts, including anti-retaliation protections for employees reporting fraud. An attorney can advise on confidentiality and timing before making reports.

Will communications with my accountant be protected by privilege?

Accountant-client privilege is limited compared with attorney-client privilege. Some protections may apply under state law for tax advice or when the accountant is retained at the direction of counsel, but these rules are narrow. Consult a lawyer before sharing privileged legal strategy with an accountant.

What if the IRS or New York tax authorities audit my return prepared by an accountant?

You may need both tax counsel and your accountant to respond. A lawyer can advise on legal arguments, representation during appeals, and potential exposure to penalties. If the accountant made errors that caused the problem, you may have malpractice or indemnity claims against the preparer.

How long do I have to bring a claim against an accountant in New York?

Limitation periods vary by claim type and factual circumstances. Some claims must be filed within a few years of discovery, and tolling or discovery rules can be complex. Because deadlines can be strict, speak with an attorney as soon as possible.

How do I find an attorney who understands accounting and auditing matters?

Look for lawyers who handle professional liability, tax controversies, securities litigation, or business disputes and who list accounting or audit matters among their specialties. Local bar associations, referrals from other professionals, and initial consultations can help you assess experience and fit.

Additional Resources

Organizations and governmental bodies that can be helpful include:

- New York State Board of Public Accountancy, Office of the Professions.

- New York State Department of Taxation and Finance for state tax issues.

- Internal Revenue Service for federal tax matters.

- Public Company Accounting Oversight Board for issues involving audits of public companies.

- American Institute of Certified Public Accountants and New York State Society of CPAs for professional guidance and peer-review information.

- National Association of State Boards of Accountancy for licensure and regulatory resources.

- Westchester County Bar Association for local attorney referrals and resources.

- New York State Attorney General and local consumer protection offices for fraud complaints and consumer issues.

Next Steps

If you need legal assistance with an accounting or auditing matter in Tarrytown, consider the following practical steps:

- Gather and preserve documents - Collect engagement letters, invoices, correspondence, financial statements, workpapers, and any other relevant records. Keep originals and create secure copies.

- Identify deadlines - Note any statutory deadlines, audit appeal dates, or contractual time limits and act promptly to avoid losing rights.

- Consult the right professionals - Depending on the issue, you may need a lawyer experienced in accounting disputes, a forensic accountant, and a licensed CPA. Coordinated representation can be especially important where privilege or litigation strategy is involved.

- Ask the right questions in an initial consultation - Ask about experience with similar matters, likely strategies, fee structures, expected timelines, and potential remedies.

- Preserve privilege - If you expect litigation or regulatory scrutiny, consult an attorney before sharing sensitive legal strategy with accountants or third parties.

- Consider alternative dispute resolution - Mediation or arbitration can resolve fee disputes, malpractice claims, or partnership conflicts more quickly and cost-effectively than litigation in some cases.

- File complaints if appropriate - If the issue involves ethical violations or serious misconduct, you may file a complaint with the New York State Board of Public Accountancy or report potential criminal conduct to appropriate authorities after consulting counsel.

Seeking experienced local counsel early will help you understand your rights, protect critical evidence, and choose the most effective path forward for resolving accounting and auditing problems in Tarrytown.