Update on the New Tax Preparer Regulations

According to the IRS, there are roughly 1.2 million paidreturn without demonstrating a minimum level of
tax preparers in the United States. Approximatelycapability. This is changing later this year when all paid
46,000 of these individuals are enrolled agents. Inpreparers will need to register with the IRS and pass a
addition to preparing returns, the EA designation cancompetency exam. The new regulations will not
allow a practitioner to represent and act on behalf ofrequire Circular 230 practitioners (enrolled agents,
any taxpayer before any office of the IRS. Whencertified public accountants and tax attorneys) to take
practicing before the IRS an EA has the sameany of the new return preparer tests to prove their
privileges as a CPA or Attorney, who are alsocompetency. Everyone else who will prepare returns
considered Circular 230 professionals. Unenrolledfor a fee is required to take the new exam. These
preparers (unlike enrolled agents, attorneys or CPA's)unenrolled preparers have not met the minimum
do not have the full privileges of practice before thestandards set by IRS and will need to take the IRS
IRS. They may only represent taxpayers in a limitedexam, regardless of any other designations they may
capacity for returns that they prepared.have earned.
Why have only a select few tax professionals chosenAs you might imagine, many tax professionals will be
to earn the EA credential? After all, most have norequired register with the IRS, pass the new tax
credentials at all and there are almost ten times aspreparer exam, and satisfy annual continuing education
many Certified Public Accountants (CPA) as there arerequirements. Some of these individuals will likely opt
enrolled agents. Perhaps it is because enrolled agentsfor the enrolled agent exam in order to increase their
were the only tax professionals required by the UScapabilities. We expect the ranks of the EA to grow
government to demonstrate their tax expertise bysubstantially as the designation allows a practitioner to
passing a difficult qualification exam. Most taxdo far more than an unenrolled "paid preparer."
preparers, both experienced and inexperienced, haveMandatory registration for paid preparers is set to
elected not to take the EA exam because they simplybegin later this fall, and we anticipate administration of
were not required to do so. While I am certainly notthe new exam as early as the first half of 2011. Since
attempting to diminish the qualifications, neitherthose who hold the EA credentials are exempt, the
attorneys nor CPA's are required to demonstratesmart choice for many will be to go for the EA before
competence in tax preparation or representationthey are required to register.
matters before they may stand for taxpayers beforeThere is no education requirement before an individual
the IRS. Perhaps that is because the prerequisitemay take the EA Exam. Even the most seasoned tax
education and bar exams and are viewed as difficultprofessionals can have difficulty on the test without
enough to justify admittance.proper study and a good enrolled agent course or
There are several reasons the enrolled agent EAstudy guide. There are several different types of
designation is quickly becoming the title of choice forenrolled agent courses available in the market today.
many of these tax professionals. For one, we areWhether you prefer online questions, or a book, there
about to enter into a period of regulatory oversight forplenty of options available to help you learn fast and
all paid preparers. In the past, anyone could prepare apass. Good luck.