R4, M1-M4 Flashcards
(214 cards)
What acronym tells you what Circular 230 addresses?
ADS Rules
What does Circular 230 address?
A - Rules governing authority to practice before the IRS
D - Duties and restrictions relating to practice before the IRS
S - Sanctions for violations of the regulations
Rules - Rules applicable to disciplinary hearings
What does “practice” in front of the IRS entail (3 OR)?
- communicating with the IRS for a taxpayer
- representing a taxpayer, or
- preparing and filing necessary documents with the IRS for a taxpayer
Who has authority to practice in front of the IRS?
- attorneys
- CPAs
- enrolled agents
- enrolled actuaries
- enrolled retirement plan agents
- registered tax return preparers
- other persons
Which people with the authority to practice before the IRS have unlimited representation rights?
attorneys, CPAs, enrolled agents
What does it mean to have unlimited representation rights?
need not have prepared and signed your return to represent you
If the IRS asks you for information about the taxpayer, when do you have to disclose it and when do you not have to disclose it?
No disclosure if information is priveleged.
Otherwise, must disclose.
What if you do not have the information that the IRS is asking for?
You must tell if the IRS if you know of someone else that possessing the information they are requesting.
What must the practitioner do if they become aware of a client’s noncompliance or error with the federal tax law?
(1) Notify the client orally or in writing.
(2) Advise the client of the consequences of the error/omission/non-compliance.
T/F: If a practitioner becomes aware of a client’s noncompliance or error, they must withdraw from the client until the error is corrected.
False, they do not need to immediately withdraw.
T/F: If a practitioner becomes aware of a client’s noncompliance or error, they must notify the IRS.
False, they do not notify the IRS.
How does a practitioner show that they exercised due diligence when relying on the work product of another person?
if they used reasonable care with respect to their reliance (check work, ask questions, etc.)
Can you accept help from someone who is under disbarment or suspended from practice before the IRS?
No!
If you employ an ex-IRS employee and there are conflicts of interest, what must the employer do in order to still represent the client?
isolate the former government employee from the representation
If the government employee (ex-IRS) personally and substantially participated in a particular matter, what restrictions must be placed on the ex-IRS employee?
can never represent or assist those parties
If the government employee (ex-IRS) had “official responsibility” for a particular matter, what restrictions must be placed on the ex-IRS employee?
cannot represent those parties for two years
If the government employee (ex-IRS) participated in the development of a rule, what restrictions must be placed on the ex-IRS employee?
cannot appeal before the IRS regarding that rule for 1 year
Can a practitioner also be a notary for a client?
No.
What is an unconscionable fee?
a fee that is grossly unfair relative to industry standard
A contingent fee is allowed in what three situations before the IRS?
- IRS examination (audit) of original tax return
- claim for a refund of interest and/or penalties
- judicial proceeding
In regards to client information, the practioner owes the client a dury of ____.
confidentiality
If there is a fee dispute between the practitioner and client, is this a valid reason to not return client records?
No.
Can a practitioner keep the originals of client records? Can they keep copies?
They can keep copies, but not originals.
Client records include what two things?
- materials prepared by the client or a third party that you rely upon to do the job, and
- any return, claim for refund, or document prepared by the practitioner