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Circular 230 Tax Professionals | Internal Revenue Service: What You Should Know

The IRS and its component agencies have adopted this regulation pursuant to Executive order 11246, “Prohibited Discrimination in Employment and Reemployment”. — The document is published under the authority of section 1136 (1)(A) of the Internal Revenue Code of 1986, as amended. — This regulation replaces guidance from the U.S. Department of the Treasury's Office of Professional Responsibility and requires that all attorneys, certified public accounting firms, enrolled agents, enrolled retirement account plans, and enrolled retirement compensation plans must adopt the following regulations: — The title page of the statement is the official statement of the position of the firm; — The statement must include the firm's name, address, telephone number, and electronic address; — The statement must identify itself as a statement of position of the firm's attorneys, certified public accountants, enrolled agents, enrolled retirement plan plans, and enrolled retirement compensation plans and certify that the firm is duly established and its management is competent; — This statement must identify the firm's address, telephone number, and electronic address; — The statement must clearly designate each practice area or division of the firm and the name of the person in charge; and the statement must identify the jurisdiction in which that person is registered and the firm's principal office. Circular 230: Requirements for Firms, and Information for Tax practitioners — Any tax practitioner is presumed to be a tax professional for purposes of Circular 230 if, in administering his or her business or profession, he or she does any of the following: — Fills out forms or participates in consultations for taxpayers, including tax examiners; — Fills out any other documents or materials in the taxpayer's case that support or address the taxpayer's tax issue or question; or — Does anything that the IRS considers related to the services to be performed for the taxpayer. — A tax practitioner's actions and statements are protected from liability under Circular 230 and the regulations. — A tax practitioner does not need to provide a “tax return preparer” classification to become a tax professional.

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FAQ - Circular 230 Tax Professionals | Internal Revenue Service

What is the IRS Circular 230?
Circular 230 defines practice and who may practice before the IRS; describes a tax professional's duties and obligations while practicing before the IRS; authorizes specific sanctions for violations of the duties and obligations; and, describes the procedures that apply to administrative proceedings for discipline.
Does Circular 230 apply to all tax preparers?
Circular 230 provides ethical guidance for all tax preparers. CPAs, attorneys, and enrolled agents (EAs) who are in good standing with the IRS are authorized to provide any tax-related services to clients, assuming that the CPA, attorney, or EA is competent to perform those services.
What is the most important section of Circular 230?
Circular 230 contains rules of conduct in preparing tax returns. Persons preparing tax returns must not. Take a position on a tax return unless there is a realistic possibility of the position being sustained on its merits. Frivolous tax return positions are prohibited.
Why is it called Circular 230?
In 1921, the circulars were combined into a single governing circular. Treasury Department Circular 230, Laws and Regulations Governing the Recognition of Attorneys and Agents and Other Persons Representing Claimants Before the Treasury Department. Thus the term Circular 230 was born.
What is the purpose of Circular 230 quizlet?
Circular 230 mandates that anyone representing a taxpayer before the IRS adheres to the ethical and legal requirements set forth by the government.
What is included in the Circular 230?
Circular 230 discipline includes Censure (essentially a public reprimand), Suspension of practice privileges and Disbarment. A suspension can be for a fixed term or may be indefinite, and a practitioner must request and be granted reinstatement by the OPR before practice privileges are restored.
What are the four best practices under Circular 230?
The steps practitioners should use in providing advice to clients include.Establishing the facts;Determining relevancy;Evaluating reasonableness of assumptions or representations;Relating applicable law to relevant facts; and.Arriving at a conclusion supported by the law and the facts.13 Apr 2010
Is Circular 230 still in effect?
With the removal of the covered opinion rules comes the elimination of these covered opinion disclaimer rules. In the preamble to the regulations, the IRS said that it expects that practitioners will no longer include a prominent Circular 230 disclaimer at the bottom of every email and other documents.
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