IRS Control of Tax Preparers

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I've been helping people with their taxes since about 1960. Starting in 1975, my main focus was on helping taxpayers to find legal ways to reduce their taxes.

Back then, tax advisors were understood to be the advocates of their clients and the IRS was the legal adversary. IRS control over tax advisors and tax preparers was nearly non-existent.

But over time, the IRS decided they could be more effective at extracting the proverbial pound of flesh if they could exert pressure on the tax preparers by means of regulations that were ostensibly issued in order to protect taxpayers from unscrupulous tax preparers and advisors.

It has now reached the point where most tax advisors and preparers are subject to onerous penalties for minor infractions of the IRS rules. We can no longer give a client protection from penalties by giving them a professional opinion. But these regulations only apply to CPAs, lawyers, enrolled agents and certain actuaries. The large number of seasonal return preparers are not subject to regulation unless they choose to become an enrolled agent.

But if you sometimes think that your tax preparer is really working for the IRS instead of for you, "you ain't seen nothin' yet". The IRS is currently proposing to regulate return preparers in addition to their present regulation of advisors who represent taxpayers in disputes with the IRS. According to the Commissioner, the IRS will implement methods to

better leverage the tax return preparer community with the twin goals of increasing taxpayer compliance and ensuring uniform and high ethical standards of conduct for tax preparers.

Apparently this program is aimed at the large number of unregulated preparers who are not CPAs, lawyers or enrolled agents. (IR-2009-057)

Reprinted from the International Wealth Protection Monitor.


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