tag:blogger.com,1999:blog-1280984116620265503.post3772197619464776853..comments2024-02-03T01:12:25.955-05:00Comments on THE TAX PROFESSIONAL: TAX RETURN PREPARER REGULATION, LICENSURE, AND/OR CERTIFICATIONRobert D Flachhttp://www.blogger.com/profile/06034127763662917220noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-1280984116620265503.post-78425852856097230722013-01-29T23:10:32.267-05:002013-01-29T23:10:32.267-05:00[quote]As I have asked in response to Joe’s assert...[quote]As I have asked in response to Joe’s assertion, would you want a “casual” electrician wiring your kitchen, or a “casual” dentist filling a cavity, or a “casual” architect designing your home?[/quote]<br /><br />There aren't 14 million people who do their own electrical work, dentistry, or home-architecting. And I don't know of anyone who ever died or even got physically injured from shoddy tax preparation. I'd put tax preparation more on par with the unregulated skill of bookkeeping than with the regulated skill of dentistry.<br /><br />Sure, these people using casual preparers aren't getting the *best* service, but they're probably saving quite a bit of money compared to having their return prepared by someone who is more than just a data-entry specialist. And if you want to insist on people using the *best*, then why stop at RTRP, and not just require all returns to be signed by an EA? I suppose most of those who can't afford it could get free help from VITA or AARP, but most VITA or AARP preparers aren't much more than data-entry specialists either.<br /><br />And I don't know for sure, but a quick search leads me to believe that neither VITA nor AARP do house calls. It is my understanding that the preparer regulation program would stop someone non-certified from charging money (or engaging in barter) to go to the house of an elderly or disabled individual and interview them while typing the answers into some downloaded free software (and even if they were certified, the free software won't let you put in a PTIN anyway).Anthonynoreply@blogger.comtag:blogger.com,1999:blog-1280984116620265503.post-10726258812491907262013-01-25T20:15:44.888-05:002013-01-25T20:15:44.888-05:00You say, "While I agree that having the Inter...You say, "While I agree that having the Internal Revenue Service regulate tax preparers is not the best option – it is without a doubt a far superior option to having Congress legislate regulation."<br /><br />In rereading your essay I have to add this perspective. The IRS is an agency of the administrative branch of government, and, as such, is not as reflective of the will of the people, although IRS did seek public input before enacting these regulations. Whereas, Congress, in spite of its poor performance, is still the legislative branch which is suppose to be representative of We the People. Traditionally it has been Congress that has dictated what IRS can and cannot do when it comes to regulatory power. IRS just got a little too big for its britches, imho. <br /><br />One other thing I've observed is that IRS would like for us independent return preparers to be considered more like a form of agent working for them, rather than the role of a contractor engaged by the public to perform a service of tax return preparation. <br /><br />My first loyalty is to the client and to use the tax law accurately to meet his needs within the scope of the law, of course. I have never taken any funny business from a client, nor would any other reputable preparer. It is sort of like a doctor treating a medical condition. His main priority is the patient, and he uses the moral and legal means necessary to the best of his ability. His main priority is not to the AMA. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1280984116620265503.post-78475555161631550772013-01-24T19:23:26.941-05:002013-01-24T19:23:26.941-05:00From what I understand about the IRS' motion t...From what I understand about the IRS' motion to lift the court's injunction until the case can be appealed (from Institute of Justice website), one of the legs upon which IRS based its case involved the term "practice before the IRS." I, too, am a sole accounting practitioner for over forty years, and before that was a staff accountant at Touche Ross (now Deloitte & Touche) for eight years. Nearly all of my clients have been with me for 20 to 40 years, and I have a stellar record with them AND IRS.<br /><br />IRS has recently begun applying the concept of "practice" to include on a limited basis people like myself, an interpretation contrary to what I always knew. I have never been able to "practice before IRS" (as it has always been understood to be for years). IRS was able to "fuzz up" this designation in order to implement the 2011 requirements to restrict unenrolled return preparers. <br /><br />I'm sorry, but I do not see IRS efforts as improving quality control but rather as a power grab. I certainly agree about CPAs and lawyers not necessarily being qualified to do tax returns. In that sense the regulations are discriminatory. <br /><br />I appreciate coming across this website and thank you for your articles.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1280984116620265503.post-60512730600691222052013-01-24T09:20:12.180-05:002013-01-24T09:20:12.180-05:00BW-
Great minds do think alike!
TWTPBW-<br /><br />Great minds do think alike!<br /><br />TWTPRobert D Flachhttps://www.blogger.com/profile/06034127763662917220noreply@blogger.comtag:blogger.com,1999:blog-1280984116620265503.post-56064066300810072222013-01-24T09:11:07.671-05:002013-01-24T09:11:07.671-05:00Congratulations on another definitive post,Robert....Congratulations on another definitive post,Robert.As always you seem to read my mind and eloquently put it into words.I agree completely that the IRS needs to let this issue be handled by NATP or NSTP. The only stipulation to make it just one certification.There does not need to be one from every group in the country.Anonymousnoreply@blogger.com