Ethics in Tax Practice
Please see below for additional instructions and information regarding this program.
Tax practice is fraught with ethical dilemmas and ethical dilemmas handled incorrectly may be malpractice claims. This course covers the fundamental ethical principles every tax practitioner should be familiar with, including the requirements of IRS Circular 230, AICPA’s Statements on Standards for Tax Services, and state law considerations.
Topics included are:
•The scope of Circular 230: when and to whom does it apply?
•Duties imposed when an error is made on a tax return
•Information security requirements related to client data
•Understanding to disciplinary processes applicable to tax practitioners
•Complying with AICPA tax practice standards
•State negligence rules that may affect tax practitioners
•How to manage a practice to avoid ethical lapses
**This course is designed to qualify for ethics credit in many states, but no guarantee can be made with respect to any specific state.
- What is Circular 230? 00:03:19
- What is “Practice Before the IRS”? 00:05:53
- What is “Practice Before the IRS”? (cont’d) 00:009:54
- Who May Practice Before the IRS? 00:18:09
- Limited Practice Privilege 00:21:03
- Annual Filing Season Program Requirements 00:22:46
- Limited Practice Restrictions 00:24:34
- What is OPR? 00:26:21
- Circular 230 Rules: Due Diligence 00:30:16
- Circular 230 Rules: Due Diligence (cont’d) 00:31:26
- Circular 230 Rules: Competence 00:36:31
- Circular 230 Rules: Conflicts of Interest 00:39:15
- Circular 230 Rules: Conflicts of Interest (cont’d) 00:42:52
- Circular 230 Rules: Return Positions 00:44:39
- Circular 230 Rules: Return Positions (cont’d) 00:49:05
- Circular 230 Rules: Reasonable Basis Positions 00:50:33
- Circular 230 Rules: Written Tax Advice 00:51:39
- Circular 230 Rules: Written Tax Advice (cont’d) 00:55:43
- Circular 230 Rules: Errors and Omissions 00:58:33
- Confidentiality vs. Privilege 01:01:23
- Circular 230 Rules: Confidentiality vs. Privilege - Code Section 7525(a) 01:04:19
- Circular 230 Rules: Confidentiality vs. Privilege - Code Section 7525(a) Limitations 01:04:49
- Circular 230 Rules: Furnishing Info to IRS/OPR 01:05:40
- Circular 230 Rules: Furnishing Info to IRS/OPR (cont’d) 01:06:20
- Circular 230 Rules: Furnishing Info to IRS/OPR (cont’d) 01:07:37
- Circular 230 Rules: Handling Matters Promptly 01:08:26
- Circular 230 Rules: Client Records 01:09:33
- Circular 230 Rules: Client Records (cont’d) 01:10:53
- Circular 230 Rules: Client Records (cont’d) 01:11:38
- Circular 230 Rules: Solicitation 00:12:27
- Circular 230 Rules: Negotiating Checks 01:13:20
- Circular 230 Rules: Supervisory Responsibilities 01:13:43
- Circular 230 Rules: Personal Compliance 01:14:08
- AICPA Standards of Tax Services 01:15:30
- SSTS 1 01:16:04
- SSTS 2 01:17:03
- SSTS 3 01:17:33
- SSTS 3 (cont’d) 01:18:12
- SSTS 3 (cont’d) 01:18:55
- SSTS 4 01:19:18
- SSTS 5 01:20:01
- SSTS 6 01:23:00
- SSTS 6 (cont’d) 01:24:13
- SSTS 6 (cont’d) 01:24:54
- SSTS 7 01:25:49
- SSTS 7 cont’d) 01:26:24
- FTC Information Safeguarding Rule 01:27:03
- Standards for Safeguarding Info 01:27:15
- Safeguarding Requirements 01:28:00
- Steps to Take 01:28:53
- Examples of Security Controls 01:30:31
- IRC Section 6695(g) - 01:30:21
- How To Be Diligent Under IRC Section 6695(g) 01:32:12
- Substantiation 01:33:43
- Negligence 01:36:43
- General Elements of Malpractice 01:38:15
- New York Example 01:38:25
- Malpractice 01:38:54
- Presentation Closing 01:39:44
- AICPA 01:15:32, 01:24:29
- Annual Filing Season Program - AFSP 00:20:39
- Circular 230 00:03:18, 00:26:21, 01:19:10
- Code Section 7525(a) 01:04:27
- Enrolled agent (EA) 01:04:59
- Form 8867 01:32:16
- FTC - Federal Trade Commission 01:27:08
- IRC Section 6695(g) 01:30:21
- OPR - Office of Professional Responsibility 00:26:24, 01:05:49
- Rev Proc 2414-42 00:21:03
- Tax Shelter 01:04:49
AICPA: The American Institute of Certified Public Accountants is the national professional organization of Certified Public Accountants in the United States, with more than 418,000 members in 143 countries in business and industry, public practice, government, education, student affiliates and international associates.
Annual Filing Season Program - AFSP: The Annual Filing Season Program is a voluntary Internal Revenue Service program designed to incentivize non-credentialed tax return preparers to participate in continuing education courses.
Circular 230: Circular 230 refers to Treasury Department Circular No. 230. This publication establishes the rules governing those who practice before the U.S. Internal Revenue Service, including attorneys, certified public accountants, and enrolled agents. The rules in Circular 230 also prohibit certain conduct. Penalties may be imposed for noncompliance.
Code Section 7525(a) : Sec. 7525 provides a limited privilege to communications between a federally-authorized tax practitioner and a taxpayer to the extent the communication would be considered privileged if it were between an attorney and a taxpayer.
Enrolled agent (EA): A tax professional who represents taxpayers in matters where they are dealing with the Internal Revenue Service (IRS).
Form 8867: The purpose of the form is to ensure that the practitioner has considered all applicable eligibility criteria for certain tax credits for each return prepared, such as the earned income tax credit (EITC), child tax credit (CTC), additional child tax credit (ACTC), credit for other dependents (ODC), American opportunity credit (AOTC) and/or the head of household (HOH) filing status.
FTC - Federal Trade Commission: The Federal Trade Commission is an independent agency of the United States government whose principal mission is the enforcement of civil U.S. antitrust law and the promotion of consumer protection.
IRC Section 6695(g): (g) Failure to be diligent in determining eligibility for child tax credit; american opportunity tax credit; and earned income credit. Any person who is a tax return preparer with respect to any return or claim for refund who fails to comply with due diligence requirements imposed by the Secretary by regulations with respect to determining eligibility for, or the amount of, the credit allowable by section 24 , 25A(a)(1) , or 32 shall pay a penalty of $500 for each such failure.
OPR - Office of Professional Responsibility : The Office of Professional Responsibility is part of the United States Department of Justice responsible for investigating attorneys employed by the DOJ who have been accused of misconduct or crimes in their professional functions.
Rev Proc 2014-42: This revenue procedure provides guidance regarding a new, voluntary Annual Filing Season Program designed to encourage tax return preparers who are not attorneys, certified public accountants (CPAs), or enrolled agents (EAs) to complete continuing education courses for the purpose of increasing their knowledge of the law relevant to federal tax returns. In addition, this revenue procedure modifies and supersedes Revenue Procedure 81-38, 1981-2 C.B. 592, regarding limited practice before the IRS by individuals who are not attorneys, CPAs, or EAs.
Tax Shelter: A tax shelter is any legal strategy you employ to reduce the amount of income taxes you owe. After receiving much attention in the news in recent years, the term "tax shelter" has a negative connotation relating to deceptive and illegal schemes to evade income tax.
Chuck Borek is a practicing attorney and founder of the Borek Group, LLC. Chuck is also a CPA, and his background includes five years as a partner in a public accounting firm. He received his law degree and MBA summa cum laude from the University of Baltimore in 1993, where he was editor-in-chief of the Law Review. He has been teaching professionally since 1989, including four years as an Associate Professor of Accounting and two years as a Visiting Assistant Professor of Law. He ha... View Full Profile
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You must answer all questions during the webinar, view the recording completely and pass the test at the end with 70% correct answers to receive CPE credit.