IRS Statement on Court Ruling Related to Return Preparers
As of Friday, Jan. 18, 2013, the United States District Court for the District of Columbia has enjoined the Internal Revenue Service from enforcing the regulatory requirements for registered tax return preparers. In accordance with this order, tax return preparers covered by this program are not currently required to register with the IRS, to complete competency testing or secure continuing education. The ruling does not affect the regulatory practice requirements for CPAs, attorneys, enrolled agents, enrolled retirement plan agents or enrolled actuaries.
The Internal Revenue Service, working with the Department of Justice, continues to have confidence in the scope of its authority to administer this program. On Wednesday, Jan. 23, the IRS and Justice Department asked for the injunction to be lifted. Regardless of the outcome of that request, an appeal is planned within the next 30 days.
The IRS is continuing to evaluate the scope of the court's order in determining consistent next steps.
For more information, visit http://connect.nsacct.org/RTRP
IRS Letters and Visits to Return Preparers - 2013 Filing Season
Beginning in November 2012 the Internal Revenue Service sent approximately 4,000 letters to certain tax return preparers nationwide to advise them some clients’ returns had Schedules C with a high percentage of traits we believe typically indicate errors. Three types of letters were sent:
Letter 4810 – Sent in November 2012 advising the recipient that an IRS representative will contact them to schedule an educational visit to review their responsibilities in correctly preparing the Schedule C.
Letter 5102 – Sent in January 2013 recommending the recipient concentrate at least 4 hours of continuing education on business income and loss topics in 2013.
Letter 5105 – Sent in January 2013 recommending the recipient review all Schedule C and preparer due diligence rules, as well as pay special attention to Schedule C accuracy in 2013.
The IRS also sent approximately 700 letters to certain tax professionals regarding the electronic filing requirement for certain paid tax return preparers.
Letter 5097 – Sent in December 2012 advising the recipient that an IRS representative will contact them to schedule an educational visit to review their responsibilities for filing returns electronically.
This is the agency’s fourth year of a hands-on effort to improve the accuracy and quality of filed tax returns and to heighten awareness of preparer responsibilities.
For more information, visit www.irs.gov
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