IRS Pursues Tax Preparer Regulation

The Internal Revenue Service wants to set newpreparers is a necessary step in order to increase
rules on income tax preparers nationwide.  IRSthe protection of taxpayers.  Skeptics argue it is
Commissioner Doug Shulman issued a proposal onnot tax preparers who are entirely to blame, but
January 4, 2010 citing federal regulation will helpthe complex tax code that is causing issues and
reduce fraud, improve compliance and close themistakes.
tax gap.“From CTEC’s standpoint, the reasoning
California and Oregon are the only states thathas always been that some education is better
have set tax education requirements for itsthan no education,” said Celeste Heritage,
income tax preparers.  In 2009, New YorkCTEC administrator.
passed legislation to require its tax preparersFederal regulation of tax preparers has been a
register with the state; however, it does nottopic of discussion for at least five years.  The
enforce education or insurance requirements.question of how to fund a national tax preparer
In California, paid income tax preparers who areprogram has been one of the biggest hurdles for
not a licensed attorney, certified public accountantthe IRS and even some states that want
(CPA) or IRS enrolled agent (EA), are required byregulation.  Maryland passed legislation in 2008 to
law to register with the California Tax Educationlicense its tax preparers; however, the program
Council (CTEC).  All CTEC-registered taxhas been postponed due to budget constraints.
preparers (CRTPs) must complete tax educationUnlike Oregon, New York and Maryland, the
courses each year and obtain a surety bondregistration requirement in California is not
before they can prepare tax returns for a fee.managed by the government.  The state decided
In Oregon, all paid tax preparers must be licensedto privatize its tax preparer program in 1997 by
through the Oregon State Board of Taxtransferring the responsibility from the California
Practitioners.  Oregon tax preparers have toDepartment of Consumers Affairs to CTEC as
pass a competency exam before they canpart of a “grand experiment” to save
prepare tax returns professionally.money.
“Compliance is a big issue with tax pros,”Today CTEC is a nonprofit quasi-public benefit
said Mary Beth LaMunyon-Jones, CRTP and CTECcorporation that is run by a board of directors,
board member. “Nationwide there are thethree staff members and is funded by CRTPs
good ones and the bad ones.  There are thewho pay an annual $25 registration fee.  CTEC
ones who care and the ones who don’t.”has never once received funding from the state.
Proponents of the IRS proposal believe enforcing1. “It will be interesting to see how it all plays
tax education and professional licenses for taxout.