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Jul 31, 2010
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IRS ponders rules to license tax preparers

Local observers' opinions on proposal mixed

Contractors, private investigators, barbers and real estate agents are licensed. Should those who prepare income tax returns be licensed?

The Internal Revenue Service wonders. IRS Commissioner Doug Shulman on Thursday said he is considering rules to improve income tax compliance and ensure ethical standards for tax preparers.


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"Tax return preparers help Americans with one of their biggest financial transactions each year," Shulman said in a statement. "We must ensure that all preparers are ethical, provide good service and are qualified."

Certified public accountants, enrolled agents and tax attorneys already are subject to regulatory scrutiny and sanctions for unethical behavior, but independent income tax preparers are not licensed.

An enrolled agent and two CPAs expressed varying opinions about the proposal, but attempts to reach unregulated tax preparers failed Thursday. Many are open for business between January and the April 15 deadline for income tax returns.

The idea "has been kicked around before" by government officials, said Robert Stovall, a licensed enrolled agent at Professional Tax Services. Stovall said he cannot form an opinion on the proposed regulation until he has more details than those in the two-page Internal Revenue Service announcement.

He and other professionals believe the IRS is interested in regulating tax preparers who have no license.

Stovall acknowledged the problem with "fly-by-night" tax preparation businesses but said regulation "may be overkill."

Nina Gallagher, senior tax manager at LL Bradford and chairwoman of the tax committee at the Nevada Society of Certified Public Accountants, favors regulation of independent tax preparers.

"I believe that anyone who offers themselves out to prepare tax returns ought to be licensed in some fashion," Gallagher said.

She said it appears to be part of the IRS strategy of getting tax preparers to enforce the Internal Revenue Code by imposing penalties for tax return violations, she said. The agency doesn't have enough staff to audit many tax returns, she said.

However, unlicensed tax preparers "have nothing to lose" for tax violations and often don't sign tax returns as required, she said.

CPA Dennis Meservy said he has seen cases where independent tax preparers not only collected for preparation services on California income tax returns but also promised to send payments to California on behalf of clients -- then disappeared with all the money.

"You only give them the preparation fee," Meservy said. "Anytime you owe a tax, pay directly to the government. Don't pay to the individual."

Meservy fears regulatory overkill: "My concern is that they seem to be overregulating the guys who are already regulated."

Contact reporter John G. Edwards at jedwards@reviewjournal.com or 702-383-0420.

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Comments (9)

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Annon wrote on June 06, 2009 09:23 PM: Article fails to mention that the Federal Supremacy Clause, US Constitution, protects accountants and tax preparers from State and local government regulation. The rationale: If states are authorized to regulate federal activities (tax calculation or collection) they also may interfere and substantially inhibit "federal activities" or compliance therewith.

Example: US Postal Carriers (and private contractor carriers) are exempt from state motor vehicle regulations.

If tax accounting is authorized and obligatory, is the act of assistance a protected activity?


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Randy wrote on June 06, 2009 12:13 AM: Mike, why on earth would you think someone who dislikes the IRS would be on welfare?

Is that the kind of elitist message you nanny staters want to send people? "If you disagree with us, we'll put you down and belittle you by calling you poor, even though we pretend to care about the poor with expensive but ineffective government programs."

Grow up mike.


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Mike wrote on June 05, 2009 03:40 PM: Randy, IRS revenue helps pay for your welfare check


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John wrote on June 05, 2009 12:41 PM: Remember it will not be a tax increase it will be a fee increase. Hail Comrade Obama you wanted change you are getting it everyday.


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Randy wrote on June 05, 2009 10:59 AM: F%$k the IRS, they already help make paying taxes expensive and now they want to make it more expensive?

Repeal the IRS.


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Think First wrote on June 05, 2009 10:44 AM: If they must be regulated, the IRS shouldn't be the agency to do it. The threat of license loss could be used as a tool by the IRS to make the preparer 'see it their way'. Kind of like Obama and the Chicago way.


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rob wrote on June 05, 2009 09:41 AM: I think tax preparers should be licensed in some form. Tax preparers can completely screw up their client's return, and according to the Internal Revenue Code the client is still responsible for their tax return. The tax preparation business is in need of an overhaul in my opinion.


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Maxamillion wrote on June 05, 2009 09:11 AM: "However, unlicensed tax preparers "have nothing to lose" for tax violations and often don't sign tax returns as required, she said."

Considering that we have to pay the fine IRS imposes on us for tax preparer mistakes, the IRS needs to regulate them


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Ivanhoe wrote on June 05, 2009 06:42 AM: Licensing tax preparers is ultimately just another way to increase fees. Who will get the licensing fees? Either the federal government or the state governments. Regardless, it will not improve the accuracy of the returns. The problem is not the tax preparers. It is the monstrosity of tax codes foisted upon the American taxpayers that is so enormous and complicated that few, if any, could possibly read or comprehend all of it. Every tax season multiple news sources around the country will run the same story. They will take a single return to numerous reputable tax preparers and come up with totally different figures. Who knows what is the correct amount of taxes? Even the IRS will not stand by the information they give out.

Meanwhile, another level of governmental bureaucracy will be firmly established. Tax preparers will have to pay for continual training and licensing, and their costs will be passed on to their customers in increased tax preparation fees.