Statements on Standards for Tax Services



Similar documents
Statements on Standards for Tax Services Issued by the Tax Executive Committee. Interpretation No. 1-1, "Realistic Possibility Standard"

IRS Issues Proposed Regulations on Tax Return Preparer Penalty Rules Under Sections 6694 and 6695

Statements on Standards for Tax Services Issued by the Tax Executive Committee

The Devil Is in the Details About the Author: Alvin Brown, Esq.

Circular 230. Best Practices. Do The Right Thing For Your Clients And For You! Circular 230

Ethics: Fixing Common Tax Problems

Chapter 25. Tax Administration and Practice. Eugene Willis, William H. Hoffman, Jr., David M. Maloney and William A. Raabe

ETHICAL STANDARDS FOR TAX PRACTITIONERS

Tax Research: Understanding Sources of Tax Law (Why my IRC beats your Rev Proc!)

Terms and Conditions for Tax Services

Defending Taxpayer Penalties - Audit, Appeals and Litigation Considerations

Frivolous arguments to avoid concerning statutory and nonstatutory stock options

Negligence. Negligence includes the lack of any reasonable attempt to comply with provisions of the Internal Revenue Code.

Ethics and Professional Conduct for New York CPAs Tax Ethics. Course #4550J Course Material

Filings With the U.S. Securities and Exchange Commission Under the Securities Act of 1933

Tax Return Preparer Ethical Issues

Tax & Accounting Services Agreement (Required by Professional Liability Insurer)

Ethics in Federal Tax Practice Preparer Penalties and Ethical Standards

Overview of Common Civil Penalties Asserted by the IRS

Compilation of Financial Statements

The Ethics Environment in Which Tax Professionals Practice

Building the Strongest Position for Withstanding an IRS Audit

1. Generally, relief from penalties falls into four separate categories. They are:

Practice Tips in Audit Representation

Tax Research: Understanding Sources of Tax Law (Why my IRC beats your Rev Proc!)

Current through September 20, 2004; 36 N.J. Reg. No. 18

Terms and Conditions for the Registration of Domain Names

L.A. Tax Service, LLP 8350 MELROSE AVE. 2 ND Fl. #202 LOS ANGELES, CA TEL: (323) FAX: (323) Client Name: Dear Client,

SUMMARY: This document contains temporary regulations that. authorize the Secretary of the Treasury to accept payment of

DAVIS SMITH ACCOUNTING ASSOCIATES, P.A.

Billing Summary. Other penalties, interest, and prior assessments Prior balance Dishonored payment penalty Missing TIN penalty. Failure-to-pay penalty

VICTIMS OF CRIME ACT

Code of Practice. Civil Investigation of Fraud. Notice COP 9 MAN

Selected Text of the Fair Credit Reporting Act (15 U.S.C v) With a special Focus on the Impact to Mortgage Lenders

Claims Submitted to the IRS Whistleblower Office under Section This Notice provides guidance to the public on how to file claims under Internal

Regulations Governing Practice before the IRS a.k.a. What to do Before and After the IRS comes Knocking

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC Chapter 5.5. False Claims and Whistleblower Protection

Review of Financial Statements

requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

VNSNY CORPORATE. DRA Policy

IRS Penalties: Running Afoul of the Tax Code

THE CITY OF NEW YORK DEPARTMENT OF FINANCE NOTICE OF RULEMAKING

UNITED STATES TAX COURT. FRANKLIN M. AND ERLINDA L. SYKES, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Professional Indemnity Insurance

Investment Advisory Agreement

THE EVOLUTION OF THE AMERICAN BAR ASSOCIATION ETHICS RULES INTO THE INTERNAL REVENUE SERVICE CIRCULAR 230 RULES I. INTRODUCTION

Dealing with Conflicts of Interest and Related Issues in 9100 Situations. Standards of Tax Practice Committee ABA Tax Section Washington, DC, May 6

A Live 110-Minute Teleconference/Webinar with Interactive Q&A

ELECTRONIC DATA INTERCHANGE (EDI) TRADING PARTNER AGREEMENT THIS ELECTRONIC DATA INTERCHANGE TRADING PARTNER AGREEMENT

Agreement for 2015 S Corporation Income Tax Preparation

Audit Documentation See section 9339 for interpretations of this section.

Original Frequently Asked Questions Posted May 6, Why did the IRS issue internal guidance regarding offshore activities now?

Taking care of what s important to you

PROFESSIONAL ETHICS IN TAX PREPARATION TREASURY DEPARTMENT CIRCULAR 230 REVIEW PRACTITIONER PENALTIES REVISION JULY 2015

Fiscal Note 2015 Biennium

[FORM OF AGREEMENT FOR U.S.- PLEASE INSERT INFORMATION WHERE INDICATED] ELECTRONIC DATA INTERCHANGE (EDI) TRADING PARTNER AGREEMENT

FOREIGN INCOME, ASSETS, AND IRS AMNESTY PROGRAMS

New Account Opening and Funding Service Terms and Conditions Disclosure

The I.R.S. Amnesty Program & The New Streamlined Filing Compliance Procedures

STATE OF NEW JERSEY. SENATE, No th LEGISLATURE. Sponsored by: Senator JEFF VAN DREW District 1 (Cape May, Atlantic and Cumberland)

Excess Benefit Transactions Under Section 4958 And Revocation Of Tax-Exempt Status

Ethical Considerations When Representing Nonprofit And Tax-Exempt Organizations

Ch. 46 PROPER CONDUCT OF LENDING CHAPTER 46. PROPER CONDUCT OF LENDING AND BROKERING IN THE MORTGAGE LOAN BUSINESS

TAXPAYER RIGHTS ACT OF 2015: SECTION-BY-SECTION SUMMARY

VILLAGECARE CORPORATE COMPLIANCE POLICY AND PROCEDURE MANUAL ORIGINAL EFFECTIVE DATE: JANUARY 1, 2007

Audit Documentation 133

FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS

Policies and Procedures SECTION:

(Translation from the original Bahasa Malaysia text) Public Ruling No. 8/2000 WILFUL EVASION OF TAX AND RELATED OFFENCES 1.

Sterling Health Services, Inc. Administrative Services Agreement

INVESTMENT ADVISORY AGREEMENT

Program History. Prior Law and Policy

PURSUANT TO INTERNAL REVENUE CODE SECTION 7463(b),THIS OPINION MAY NOT BE TREATED AS PRECEDENT FOR ANY OTHER CASE.

Title: Preventing and Reporting Fraud, Waste and Abuse in Federal Health Care Programs. Area Manual: Corporate Compliance Page: Page 1 of 10

ETHICS AND STANDARDS OF TAX PRACTICE IN THE NEW AGE OF TRANSPARENCY: FROM SELF-ASSESSMENT TO SELF-AUDIT

FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS. 1) Federal False Claims Act (31 USC )

PART 3 REPRESENTATION, PRACTICE, AND PROCEDURES

Automatic Recurring Payment Application

SETTLEMENT GUIDELINES. Claim Revenue Under A Long-Term Contract

2:14-cv BAF-MKM Doc # 1 Filed 07/30/14 Pg 1 of 18 Pg ID 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

FedRAMP Package Access Request Form For Review of FedRAMP Security Package

Serial 184 Work Health Administration Bill 2011 Ms Lawrie. A Bill for an Act to provide for the Work Health Authority and Work Health Court

Contract Checklist for Mutual of Omaha Insurance Company

The Federal Circuit Affirms a Court of Federal Claims Decision Dismissing Foreign Tax Credit Refund Claims as Untimely

POLICY ON THE FALSE CLAIMS ACTS

CHAPTER 172. C.56:11-28 Short title. 1. This act shall be known and may be cited as the "New Jersey Fair Credit Reporting Act."

SUTA DUMPING. By: Ronald A. Sollish, Esq.

COUNTY OF ORANGE. False Claims Act and Whistleblower Provisions Policy and Procedures

Spin-Off of Time Warner Cable Inc. Tax Information Statement As of March 19, 2009

Case: 1:14-cv Document #: 1 Filed: 03/10/14 Page 1 of 16 PageID #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

LUNA COUNTY, NEW MEXICO TAXABLE CAPITAL OUTLAY GROSS RECEIPTS TAX REVENUE BONDS SERIES 2007B ESCROW AGREEMENT

This revenue procedure provides guidance regarding a new, voluntary Annual

ISBA Professional Conduct Advisory Opinion

ADDITIONAL TOPICS. Glenn Gizzi. Fall/Winter 2013

ADMINISTRATIVE POLICY MANUAL

Fair Debt Collection Practices Act 1

# $There is substantial authority for the tax

OOPS, WHAT WAS I THINKING? HOW TO FIX A BOTCHED TRANSACTION

Circular 230 Compliance: A Guide For the Non-Tax Attorney

Transcription:

Statements on Standards for Tax Services American Institute of Certified Public Accountants http://aicpa.org/interestareas/tax/resource S/STANDARDSETHICS/

General Information on SSTSs Written simply & objectively Provides for an appropriate range of behavior Some rules are subjective & some terms are left undefined deliberately Terms & concepts are generally tax-based Many similarities to Circular 230 Enforcement is undertaken with flexibility Recent revisions became effective 1/1/10

Relevant Terms Will Generally 90% or greater probability of success if challenged by IRS Should Generally 70-80% probability of success if challenged by IRS More Likely than Not (MLTN) Substantial Authority Realistic Possibility of Success Reasonable Basis Not Frivolous Greater than 50% probability of success if challenged by IRS Weight of authorities in support of a position is substantial in relation to the weight of authorities in opposition to the position (40%) 1 in 3 possibility of success if challenged by IRS Significantly higher than not frivolous and lower than realistic possibility of success Not patently improper; some merit to position Frivolous Patently improper

SSTS No. 1 Tax Return Positions Recommending tax return positions & preparing or signing tax returns Includes amended return, claims for refund, & information returns filed with any taxing authority Recognizes responsibility to both taxpayers and to the tax system

SSTS No. 1 Tax Return Positions Follow reporting standard in applicable jurisdiction Realistic possibility of success is floor for undisclosed positions Reasonable basis is floor for disclosed positions Advise taxpayer regarding potential penalty consequences

Interpretation No. 1-1 Currently under revision Provides explanations & illustrations for Statement No. 1 Warranted in existing law or can be supported by a good-faith argument for an extension, modification, or reversal of existing law Not limited to the sources of authority described in IRC Sec. 6662

Interpretation No. 1-2 Currently under revision Provides interpretation of a member s responsibilities in connection with tax planning Clarifies how the standards apply across the spectrum of tax planning The interpretation covers both prospective & completed transactions SSTS No. 1 & Interpretation No. 1-1 apply to tax planning services

Interpretation No. 1-2 Suggested Due Diligence Steps Establish the relevant background facts Consider the reasonableness of the assumptions & representations Apply the pertinent authorities to the relevant facts Consider whether there is a business purpose & economic substance for the transaction Arrive at a conclusion supported by the authorities

SSTS No. 2, Answers to Questions on Returns Standards when one or more questions on the return have not been answered Make a reasonable effort to obtain the information necessary to provide appropriate answers to all questions Allows judgment to omit answers to a question if the answer is not readily available & the answer is not significant in terms of taxable income or loss or the tax liability

SSTS No. 3, Certain Procedural Aspects of Preparing Returns Standards for obligation to examine or verify supporting data or to consider information related to another taxpayer May in good faith rely, without verification, on information furnished by taxpayer or third parties Should not ignore the implications of information furnished

SSTS No. 3, Certain Procedural Aspects of Preparing Returns Make reasonable inquiries if the information furnished appears to be incorrect, incomplete, or inconsistent Refer to the taxpayer s returns for one or more prior years Make appropriate inquiries to determine whether tax requirements have been met; i.e. travel and entertainment documentation

SSTS No. 4, Use of Estimates Taxpayer s estimates may be used unless prohibited by statute or rule, provided the member determines the estimates are reasonable based on the facts known to the member Estimates should not imply greater accuracy than exists Disclosure of use of estimate is generally NOT required (unless due to unusual circumstances such as fire, illness or death)

SSTS No. 5, Departure From a Position Previously Concluded in an Administrative Proceeding or Court Decision May recommend a tax return position (or prepare or sign a tax return) that departs from the previous treatment; taxpayer facts may have improved, such as proper documentation available However, a taxpayer may be bound to a specified treatment in a later year When previous-year decision is binding, it may be the only position supported by the standards of SSTS No. 1

SSTS No. 6, Knowledge of Error: Return Preparation and Administrative Proceeding Become aware of an error in a taxpayer s previously filed tax return or of a failure to file Error includes any position, omission, or method of accounting that, at the time the return is filed, fails to meet the standards set out in SSTS No. 1 Includes a position taken on a prior year s return that no longer meets these standards due to legislation, judicial decisions, or administrative pronouncements having retroactive effect An error does not include an item that has an insignificant effect on the taxpayer s tax liability

SSTS No. 6, Knowledge of Error: Return Preparation and Administrative Proceeding Should promptly inform the taxpayer of the error and recommend corrective measures Recommendations may be given orally May not inform the taxing authority without the taxpayer s permission, except when required by law or court order Should advise client to seek legal counsel if the error could possibly lead to fraud or other criminal charges

SSTS No. 7, Form and Content of Advice to Taxpayers Standards concerning certain aspects of providing advice to a taxpayer Considers responsibility to communicate with client when subsequent developments affect advice previously provided Should use judgment to ensure that tax advice reflects professional competence & appropriately serves the taxpayers needs Should always assume the advice given will affect the taxpayer s tax returns; consider Statement No. 1

SSTS No. 7, Form and Content of Advice to Taxpayers Not required to follow a standard format in communicating written or oral advice No obligation to communicate when subsequent developments affect advice previously provided except: While assisting taxpayer in implementing procedures or plans associated with the advice, or When a member undertakes this obligation by specific agreement

AICPA IRC and Circular 230 SSTS No. 1, Tax Return Positions, Interpretation No. 1-1 and Interpretation No. 1-2 SSTS No. 2, Answers to Questions on Returns Circular No. 230 10.34, Standards for advising with respect to tax return positions and for preparing and signing returns Circular No. 230 10.35, Requirements for covered opinions Circular No. 230 10.37, Requirements for other written advice Internal Revenue Code (IRC) 6662, Imposition of accuracy-related penalty on underpayments IRC 6694, Understatement of taxpayer s liability by tax return preparer IRC 6707, Failure to furnish information regarding reportable transactions SSTS No. 3, Certain Procedural Aspects of Preparing Returns SSTS No. 6, Knowledge of Error: Return Preparation and Administrative Proceedings Circular No. 230 10.22, Diligence as to accuracy Circular No. 230 10.34, Standards for advising with respect to tax return positions and for preparing and signing returns Treas. Reg. 1.6694-1(e) Circular No. 230 10.21, Knowledge of client s omission