“I agree with all except #6.”
Here
is #6 -
“6. IRS efforts to regulate preparers will
not have the desired effect, in 2012 or beyond. I think the result of this
bureaucracy that is being created is that more burdens and annoyances will be
placed on preparers, with no discernible benefit to consumers.*
Jason
included a note -
“Clarification to #6 based on reader feedback
— I do think preparer regulation is good in theory. I just really question if
the IRS can execute the oversight effectively. I’ll write more on this in a
future blog post.”
I
received the following “tweets” in response to my comment:
“But we knew you disagree w/that one.
Curious, Robert: how would you measure success for preparer regs next year?” from Joe Kristan
“I used to be for preparer regulation but am
now jaded. I don't think the IRS can possibly administer it effectively.“ from
Jason Dinesen
Joe
raised a good question. Since I
obviously cannot address it properly in 140 characters I have decided to answer
here.
The
question again – How would you measure success for tax preparer regulation in
2012?
Let
me begin by saying that I agree that the IRS may not be the ideal organization
to administer the regulation of tax return preparers. But such regulation does somewhat fit into Publication
230, and the IRS has historically regulated “previously unenrolled” preparers
under Pub 230 – although the regulation of CPAs, EAs and attorneys had been in
the area of “representation before the IRS”.
The IRS has now brought all preparers under Pub 230 by adding “preparation”
to “representation”.
I
believe that “preparation” is truly separate from “representation” and this
separation should be officially recognized.
So if the IRS does not have the ability to regulate “preparation” who
should administer such regulation?
The
last thing I would ever want is for the idiots in Congress to regulate tax
return preparers. The alternative, I
expect, is a kind of “American Institute of Registered Tax Return Preparers” –
independent industry-based regulation.
This organization could have on its board a representative from the IRS
as well as from other industry components such as AICPA, ABA, NSA, and NATP.
Registration
and issuance of the PTIN would remain with the IRS, as the IRS does have a need
for some kind of registry. But the independent
organization would “control” the RTRP designation and the background checks,
testing, and CPE maintenance functions. The
IRS would officially recognize the AIRTRP as the governing authority for the
RTRP designation, though the IRS would be able to suspend or remove this title
if appropriate due to pre-regulation Pub 230 or other existing preparer penalty
violations.
If
I have to provide my fingerprints to someone in order to continue to practice
my profession, I would rather give them to an independent, non-governmental
agency, than to the IRS, even if they “promise” not to use them for anything
else than to see if the person has a felony conviction and to destroy them
after the background check has been conducted.
The
official rule would be that only RTRP’s and EAs (here I would change the
designation to ETRP – Enrolled Tax Return Preparer – to do away with the
current confusion, and continue to have that designation maintained by the IRS)
would be permitted to prepare federal individual income tax returns for a
fee. I would have the AIRTRP “grandfather”
certain experienced preparers out of the testing requirement but maintain the
annual 15 hour CPE in federal tax topics requirement.
EAs,
or ETRPs, would not be governed by the AIRTRP, as they would not need the RTRP
designation. But CPAs and attorneys who
wish to prepare Series 1040 returns (I do believe that CPAs should probably be
exempt from testing for corporate, partnership, trust, and estate returns – and
that a second level of testing eventually be instituted for RTRPs who want to
prepare these returns) and their “supervised employees”, would be required to be tested, unless “grandfathered”,
and maintain 15 hours of CPE in federal tax topics (or rather 13 hours, as they
probably already have the 2 hour ethics requirement to maintain their current
designation), and would be given the RTRP designation in addition to their current initials – Joe Kristan, CPA, RTRP.
Again
– only RTRPs and EAs (ETRPs) would be allowed by law to prepare federal 1040
series returns.
Having
an independent AIRTRP would also avoid the apparent statutory requirement that
CPAs and attorneys cannot be further regulated by a government agency, and
therefore do away with the legal need for their exemption from testing and CPE
maintenance. Obviously the CPE in
federal tax topics would be a part of their current CPE requirements, and not
in addition to.
But
I have not yet addressed Joe’s question (in case you forgot it is - How would
you measure success for tax preparer regulation in 2012?).
I
have always agreed with Joe Kristan that the regulation of tax return preparers
will not do away with unscrupulous “ghost preparers” (although I do think it
will make a small dent). Crooked
preparers will find crooked taxpayers, and vice versa, regardless of
regulation. Currently crooked corporate
executives find crooked CPAs and attorneys with ease. And the classic example – the regulation of
CPAs did not stop the Enron mess.
I
do think it will do away with the “casual” preparer (and Joe agrees), who
honestly thinks he knows how to properly prepare federal income tax returns and
does a dozen or so. I think this is a
good thing. We should see less signs
announcing “Tax Returns Prepared Here” at barbershops and “beauty parlors”, auto
sales lots, check cashing outlets, real estate and insurance sales offices, etc,
etc, etc.
It
will be difficult to truly measure the success of the regulation concept until
the issuance of the RTRP designation is fully phased in – which will not be
until December 31, 2013 (as we have until then to take and pass the competency
test).
If
there is any success with the program for 2012 it will require that the IRS
aggressively publicize the fact that only those individuals who have registered
and received a PTIN are allowed by law to prepare 1040s for a fee, to, as
promised, aggressively seek out taxpayers who have filed alleged “self-prepared”
returns that appear to have been prepared by ghost preparers, and to assess
serious fines and penalties on these taxpayers once caught.
The
ultimate benefit of the regulation regime, regardless of who administers it, is
the mere existence of the RTRP designation – giving credibility to us qualified
and competent “previously unenrolled” preparers, and providing the taxpayer
public with some kind of proof that a person is at least basically knowledgeable
and competent in 1040 preparation.
And,
if my suggestions were followed, debunk the “urban tax myth” that all CPAs are
1040 experts by virtue of their initials.
So,
Joe and Jason, and other tax professionals, what do you think?
RDF
Robert,
ReplyDeleteJason Dinesen here. I'll blog a response with fuller thoughts (probably not til next week, though). But here are a few concerns I have off the top of my head early on a holiday Monday:
1. We all now have PTINs. That alone should make it easier (theoretically) to see who the unethical preparers are. They can be weeded out by barring their PTIN.
2. I don't think that passing the RTRP exam proves "competency." It's an open-book exam and Publication 17 is the open-book reference guide, for crying out loud! It is a barrier to entry that will scare off many casual preparers, which is good. But I think mandatory PTINs alone would scare the casual preparer off.
More to come. Happy new year!
Jason D.,
ReplyDeleteTrue enough, we all have PTINs now or we are supposed to.... Where is the News and advertising that the IRS promised to inform taxpayers about this?
My friend you have once again tapped into my beliefs as well.
There is no “may” about the situation; The IRS is not the ideal organization to administer the regulation of tax return preparers. I mean seriously, they still hold to the “truths” (as they see them) that CPA’s and Attorneys are automatically ones best shot for tax preparation. Please, this perception needs to go…
Lets just acknowledge that there is a separation between preparation and representation.
The IRS in its old school ways will never promote this…. This is sad too, as in the true word will never get out, not completely.
The IRS has already promised to promote the preparer regulations and openly I have not seen anything from them on it. (To clarify, I refer that I have seen nothing in the “promotion” of RTRP program –even just the PTIN part of it- on any media other than those channels that are viewed by Tax professionals. Nothing to the general populous or average taxpayer would see.)
I would agree with your theory that only RTRPs and EAs (ETRPs) should be allowed by law to prepare federal 1040 series returns, however the “big boys” will never allow this move…
The IRS says it wishes to place regulation on preparers but it is only placing that regulation on preparers who do not fall in line with the old thoughts…. I mean heaven forbid, a CPA should have to take a competency test in order to preparer returns. Clearly the IRS knows that the class load of those who have gone the extra mile to become CPAs have a clear understanding of the Tax system and its laws? (Please note the sarcasms)
In my schooling to become “part of the crowd”, All the way up through including CPA exam, I was required to take/have some classes that were about taxes, but nothing in the preparation of individual return law/procedures. There were electives along the way, but still nothing really that would have said to a tax payer that as a CPA, I know what is best- For all you CPAs now pissed off at me , please look back on your road to becoming a CPA, your required courses/education to become a CPA involved what in tax preparation?
Your ideas are sound Robert, and I wish I had had them first.
An outside agency to regulate tax preparers. Okay. How do you create one? I can’t think of any organizations that regulate their industry and are independent of the government. ABA, AMA, labor unions may do a little regulation for self protection but for the most part they’re advocates for their members. Congress could set one up. But do you really want Congress messing with this? Take a look at all the tax preparer regulation bills that they created and could never get into law. They’re not a good choice. We could look at the states but that could mean dealing with different regulations and testing for each state. Sorry, but the IRS is the logical choice for a national program.
ReplyDeleteHow much of the ire with the IRS doing the regulating is coming from tax pros who hate the IRS, don’t like the Commissioner, or disagree with aspects of the new rules? Or they point to the new crackdown on EITC due diligence or those “mistake” letters which went out a few months ago. The big bad IRS is in charge.
The PTIN regulations just went into effect a year ago. Most of the other regulations are still getting phased in. There have been set backs and changes but that’s to be expected with a new program. In fact, I’d rather they be flexible and make changes to get a better program.
I’m going to give the IRS the chance to do what they set out to do. Now, that doesn’t mean I won’t grip and blog about issues with the program and when they don’t keep their promises. (When are the letters to taxpayers who filed self prepared returns but they really look like a tax preparer did them coming out?) But I know that the IRS has a lot of eyes looking over their shoulders at the licensing program (TIGTA, TAS, NATP, NAEA, AICPA, ASA, tax bloggers…) so I’m going to let them finish implementing the program. Trish Mc.