The Treasury Department and IRS are proposing significant amendments to Circular 230, marking the most substantial changes since 2014. These changes will directly impact how you conduct your tax practice. Here's what you need to know:
Following the Loving v. IRS decision, where the IRS lost its authority to regulate tax return preparers, the proposed regulations will remove provisions related to registered tax return preparers. The definition of "practice before the IRS" is being updated, and standards for tax return preparation tied to IRS representation are being revised.
A significant change that may affect your fee structure: charging contingent fees for preparing returns or refund claims would be classified as disreputable conduct. This is generating concern among practitioners. As Bill Nemeth from the NAEA Education Foundation points out, this could affect situations where you discover errors in previous returns that could lead to larger refunds. Under the proposed rules, you wouldn't be able to charge a percentage of the refund for amending these returns.
The amendments introduce several new obligations for your practice:
The Office of Professional Responsibility's jurisdiction is being clarified, particularly regarding suspended or disbarred practitioners. The grounds for expedited suspension are being expanded, and the procedures for reinstatement are being clarified.
If you provide appraisal services, there's a new Subpart D specifically addressing appraiser standards. This creates a new framework for appraiser disqualification and removes the requirement for a penalty assessment before disqualification.
These proposed changes aim to align Circular 230 with current practice environments while removing outdated provisions. As these are proposed regulations, you have the opportunity to provide feedback before they become final.
As a tax preparer, your feedback is valuable. You can submit comments in several ways:
Remember to reference "Proposed Circular 230 Amendments" in your comments.
Christine Gervais is a licensed CPA, using her skills to help businesses grow and achieve their fullest potential. Christine has a Master’s degree in accounting from Southern New Hampshire University in addition to holding her CPA license for over a decade. Notably, Christine is a nationally recognized speaker providing education to other CPAs on how to best serve clients as well as instruction on a wide variety of topics for business owners on how to maximize success. Christine prides herself on the value she can bring to clients with her extensive tax knowledge and provides strategic, forward-thinking financial strategies to help clients grow. When not behind her desk, you can find Christine spending quality time with her daughter and stepson or tending to the family’s excessively loved farm animals.
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