Circular 230
Standards of Practice
Master the Treasury Department rules governing tax practitioners, from due diligence to disciplinary sanctions.
What is Circular 230?
Circular 230, formally Treasury Department Circular No. 230, is the set of federal regulations published by the U.S. Department of the Treasury. It governs the practice of tax professionals who represent taxpayers before the Internal Revenue Service (IRS).
Who is Covered by Circular 230?
What Counts as Practice Before the IRS?
Core Duties Under Circular 230
Due Diligence: The Foundation
Section 10.22 of Circular 230 requires practitioners to exercise due diligence in preparing, approving, and filing tax returns, documents, and other papers relating to IRS matters.
Due Diligence vs. Standards of Advice
| Due Diligence (10.22) | Written Advice (10.37) | |
|---|---|---|
| Focus | Accuracy of returns and documents | Quality of tax advice given |
| Standard | Reasonable inquiry into facts | Based on reasonable assumptions |
| Key Prohibition | Ignoring obvious errors | Relying on unreasonable assumptions |
| Applies to | All filed documents | Written communications on tax positions |
Standards for Written Advice
Section 10.37 requires that written tax advice must not be based on unreasonable factual or legal assumptions, must not unreasonably rely on representations from the taxpayer, and must consider all relevant facts the practitioner knows or should know.
Handling Conflicts of Interest
Section 10.29 prohibits a practitioner from representing a client before the IRS if there is a conflict of interest, unless specific conditions are met:
How to Apply Circular 230 in Practice
Example 1: Due Diligence in Action
Example 2: Conflict of Interest Resolution
Example 3: Providing Written Tax Advice
A client asks you to write a letter confirming that their home office deduction qualifies under the tax code. Under Section 10.37, your written advice must meet these requirements:
Sanctions and Disciplinary Actions
The Office of Professional Responsibility (OPR) enforces Circular 230. Violations can result in escalating sanctions:
Common Mistakes to Avoid
Summary: Key Circular 230 Sections
| Section | Rule | Key Requirement |
|---|---|---|
| 10.22 | Due Diligence | Verify facts, make inquiries |
| 10.29 | Conflicts of Interest | Written consent within 30 days |
| 10.33 | Tax Returns | Don't sign if positions lack basis |
| 10.34 | Return Positions | Reasonable basis (disclosed) or substantial authority (undisclosed) |
| 10.35 | Competence | Must have knowledge and skill |
| 10.37 | Written Advice | Reasonable assumptions, all facts |
Question 1 of 5
Under Circular 230 Section 10.22, a tax practitioner may rely on client-provided information without further inquiry in which situation?
Question 2 of 5
A CPA discovers a conflict of interest between two clients. Under Section 10.29, the CPA may continue representing both clients if:
Question 3 of 5
Under Section 10.37, which of the following would violate the standards for written tax advice?
Question 4 of 5
Which of the following sanctions can the Office of Professional Responsibility impose in addition to censure, suspension, or disbarment?
Question 5 of 5
An enrolled agent prepares a tax return taking an undisclosed position that reduces the client's tax liability. Under Section 10.34, what minimum standard must the position meet?