New Regulations to the Right practice

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Abstract

During the past 20 years there have been consequential changed in the way that United State taxpayer achieve and file their tax return. There some business that received an audit notice from the IRS because the taxpayer return have some problems and the IRS need some explanation about this situations, in front this situation exist some people that have the right to represents the taxpayer before the IRS, this representatives agents have to accomplish for different regulations published for the IRS that have taking different amendments during the last years

Introduction

The following document will describe how there practitioners that can represent the taxpayers before the IRS and their regulations. One important aspect that cannot be overruled is the fact that individuals who are not practitioners may appear before the IRS as a witness but not how a representative agents. The most important thing is this research is the reference about the IRS publications regarding amendments to Circular 230.

What covers practice before the IRS?

Practice before the IRS is to protect the taxpayer justly their rights, privileges, or liability under laws and regulation supervise by the IRS.

Who can represent the taxpayer before the IRS?

  • Attorneys
  • Certified public accountants (CPAs)
  • Enrolled Agents.

These representatives' agents can practice before the IRS if they are not under suspension or disbarment from practice before IRS.

How to become an enrolled agent?

The people that want to become in an enrolled agent have to file an application with the IRS Office of Professional Responsibility and make enrollment examination, present some information about experience in reference of qualifying

The presentation for these agents before the IRS include, but are not limited (IRS Gov. Section 1.25.1.1(04-14-2006)

  • Corresponding and Communicating with the IRS
  • Representing a Taxpayer at conferences, hearing, or meeting with the IRS
  • Preparing and filing documents with the IRS for a taxpayer
  • Providing written advise with respect to any entity, transaction plan or arrangement having a potential for tax avoidance or evasion.

The IRS has published new regulations in reference amendments to Circular 230 that take control to the right of CPAs, attorneys, enrolled agents. These new regulations include tax shelter related practice matter.

The IRS new regulations involve:

  • Sec. 10.20 requires (under certain conditions) that a practitioner provide information to the IRS regarding the identity of persons who may have possession or control of request documents.
  • In addition to a requirement to notify a client about any noncompliance, error or omission on a client part, Sec 10.21 generally provided that a practitioner must advise the client of the consequences of such noncompliance, error or omission.
  • Sec. 10.27 clarifies the rules governing the prohibition on practitioner receiving a contingent fee for positions taken or to be taken on an original tax return.
  • The new regulations also address such issue as the return of a client record, matter involving practitioner advertising and solicitation, the disreputable conduct of a tax practitioner and IRS disciplinary proceeding.

(IRS final regulation Aug.19 Internal Revenue Bulletin (IRB 2002-33-356)

Any people that prepared taxes will have to confront new regulations; the attorney and enrolled agents have to enter in official register, acquire a tax prepare ID and renew the registration every three years, the CPAs does not have to.

The test is going to cover different aspect for example the first test will be cover about wages and nonbusiness income and the second one wages and small business income.

Because there some taxpayers' that have some time immoral conduct this practitioners have to continue professional educations.

The IRS is working for increase the efficiency of tax system, compliance with the tax code and increase the assistance to the taxpayers.

The IRS know that exist millions of person that prepare tax return for a fee, it means that a great amount of tax return's preparers don't have the professional preparation before they prepare a federal tax return.

CPAs, Attorneys and enrolled agents who prepare returns are subject to additional Federal Vigilance. These practitioners cannot violate the standard of practice and have to be competent.

Some representative's agents who violate theses standards of practice or imply a revelation of incompetence the IRS office of Professional Responsibility is changed with investigation.

The Tax return that is not prepared for an attorneys, Certified Public Accountant or other individual authorized to practice before the IRS have to be supervised with more effort.

The AICPA discussed with the IRS some recommendations for amendments to Circular 230 before the IRS suggest these amendments.

Some new regulations that the IRS address such issues as (IRS Circular 230)

  1. The return of a client's records,
  2. Matters involving practitioner advertising and solicitations,

The National Association of Enrolled Agents ("NAEA") have the opportunity to comment on the Proposed Rule that would amend provisions of Circular 230 relating to various non-shelter items (31 CFR Part 10).

The National Associate of Enrolled Agents is composed for enrolled agents and they believe they can take relevant data about notify practical impact of the Proposed Rule on Circular 230 practitioners and their clients.

The Advisory Committee of NAEA in reference of who may practice before the IRS recommends the new enrolled retirement plan agent (ERPA), which would have a special function, the qualified retirement plan community. Although the IRS does not include the ERPA in this proposed regulation they pursue comments on it.

Notes that Advisory Committee Anticipates (Reg.Governing Practice Before the IRS (Regulation 122380 02).

  1. Limited practice (filing requests for initial determination letters, plan termination, Forms 5500, employee plan audits, representing qualified retirement plans in IRS audits); and
  2. Enrollment procedures consistent with those for enrolled agents (in §§10.4-10.6), specifically an initial examination to prove competency, continuing professional education requirements, and a renewal process.
  3. The IRS and Treasury Department have been working in avoiding abusive tax shelters.

    To avoid this tax shelter, the IRS has issued final regulations under Internal Revenue Services Circular 230. To enlarge any publication concerns tax matters, it is cannot be used by a taxpayer for the object of avoiding penalties that may be imposed by law.

    The Internal Revenue Services also suggest change in section 10.34 of Circular 230 that induce the standards of practice in reference to the tax practitioners (CPAs and Tax lawyers) in relation to tax return and documents, affidavits and other papers. The circular 230 in the change to new regulation not permit a tax practitioner from signing a tax return as a preparer unless all the positions in the return conform to the "more likely then not" standard, rather than the "realistic possibility" standard. The practitioner may sign the return is the position has "reasonable basis" and the position is disclosed to the IRS.

    Under the new law all taxpayers prepared get the conclusion that there more possibility that the position taken in the tax return is correct.

    A practitioner cannot change fee in alliance with any things before the IRS, but a practitioner may charge a contingent fee in relation with service's examination and for:

    1. Original Tax Return
    2. Amended return or claim for refund
    3. For services rendered in connection with a claim for creditor refund in connection with interest or penalties.

    Conclusion

    In this article I talked about what important is that we have a practitioner agent that can represent our right before the Internal Revenue Services.

    The principal situation in this research is to know how the IRS has published new regulations in reference amendment to circulation 230 where is controlled the right of CPAs, Attorneys and enrolled agents.

    The circular 230 give the regulations governing the practice before the Internal Revenue Services and individuals that have limited right to practice before the IRS.

    In this article I explained how the taxpayer have to establish that he or she has been authorized to represent the taxpayer before the IRS.

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