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Ethical & Professional
Responsibilities

Master the rules and standards that govern tax practitioners: from Circular 230 to the AICPA Code of Conduct and IRC penalty provisions.

CPA Regulation (REG)

Why Do Ethics Matter in Tax?

Tax practitioners hold a unique dual responsibility: they serve their clients while also operating within a system of self-assessment that depends on voluntary compliance. When a CPA signs a return, they are telling the IRS: "I believe this return is accurate and complete."

The Three Pillars of Tax Ethics

Circular 230
Treasury Department regulations governing practice before the IRS
AICPA Code
Statements on Standards for Tax Services (SSTS) and the Code of Professional Conduct
IRC Penalties
Internal Revenue Code sections imposing penalties on preparers (IRC §6694, §6695, §7216)

What is Circular 230?

Circular 230 Subpart A Who May Practice Subpart B Duties & Restrictions Subpart C Sanctions CPAs, Attorneys, Enrolled Agents Due diligence, conflicts, fees Censure, suspension, disbarment, penalties

Circular 230 is issued by the U.S. Treasury Department and governs all practitioners who represent taxpayers before the IRS: CPAs, attorneys, enrolled agents, and others with limited practice rights.

Key Duties Under Circular 230

1
Due Diligence: Exercise due diligence in preparing, approving, and filing returns and documents.
2
No Unreasonable Positions: A practitioner must not sign a return with a position that lacks substantial authority (or reasonable basis with disclosure).
3
Return Client Records: Must return client records upon request, even in a fee dispute.
4
No Contingent Fees: Generally prohibited for preparing original returns (allowed for amended returns and claims for refund).
5
Advise on Penalties: Must inform clients of potential penalties and how to avoid them.

AICPA Standards for Tax Services

The AICPA's Statements on Standards for Tax Services (SSTS) provide guidance that goes beyond the legal minimums. These are the professional standards that distinguish a CPA from other preparers.

SSTS No. 1
Tax return positions: must have at least a realistic possibility of being sustained on merits
SSTS No. 3
Certain procedural aspects: a CPA may rely on information from the client without verification unless it appears incorrect

IRC Preparer Penalties

§6694(a) Unreasonable Position Penalty: Greater of $1,000 or 50% of fee §6694(b) Willful / Reckless Penalty: Greater of $5,000 or 75% of fee §6695: Administrative Penalties Failure to sign, furnish copy, retain records, file info returns $50 per failure (various caps)

Standards of Authority: Compared

Standard Approximate Confidence Source
Reasonable Basis Lowest \( \approx 20\% \) IRC / Circ. 230 (with disclosure)
Realistic Possibility Medium \( \approx 33\% \) AICPA SSTS No. 1
Substantial Authority Higher \( \approx 40\% \) Circ. 230 / IRC §6662
More Likely Than Not Highest \( >50\% \) Tax shelters / Listed transactions

Confidentiality & Tax Privilege

IRC §7216 makes it a criminal offense for a tax return preparer to disclose or use tax return information without the client's consent. Separately, IRC §7525 extends a limited taxpayer-practitioner privilege.

§7216
Criminal penalty for unauthorized disclosure: up to 1 year in prison and/or a $1,000 fine
§7525
Privilege applies only in noncriminal proceedings before the IRS or federal courts. Does not cover criminal matters or state proceedings.

Ethical Decision Framework

1
Identify the position: What is the client asking you to do on the return? What authority supports it?
2
Apply the standard: Does the position meet at least substantial authority? If not, can it meet reasonable basis with adequate disclosure?
3
Advise on penalties: Inform the client of any potential accuracy-related penalties and how disclosure may reduce them.
4
Document everything: Maintain records of research, client instructions, and the basis for positions taken.
5
Decline if necessary: If the position has no reasonable basis, you must refuse to sign the return.

Example 1: Charitable Deduction

A client claims a $15,000 charitable deduction for donated property. They show you a receipt from the charity but have no qualified appraisal (required for noncash donations over $5,000).

Example 2: Contingent Fee Scenario

A new client offers to pay you 30% of any refund you obtain on their original tax return. They say their previous preparer missed several deductions.

Example 3: Client Error Discovery

While preparing a current-year return, you discover that last year's return (prepared by another firm) contains a material error that understated income by $25,000.

1
Inform the client: Advise them of the error and recommend filing an amended return.
2
If client refuses: Under SSTS No. 6, you should consider whether to withdraw from the engagement if the error affects the current return.
3
You cannot inform the IRS: Confidentiality rules (§7216) prevent you from disclosing the error without client consent.

Sanctions & Disciplinary Actions

SEVERITY Private Reprimand / Censure Warning for minor violations Monetary Penalties §6694 and §6695 preparer penalties Suspension from Practice Temporary ban on practicing before the IRS Disbarment Permanent loss of ability to practice before the IRS Criminal Prosecution (§7206, §7216)

Common Mistakes on the REG Exam

✕ Confusing Authority Levels
Mixing up "reasonable basis" with "substantial authority." Remember: substantial authority is a higher standard than reasonable basis.
✕ Contingent Fee Rules
Thinking contingent fees are always prohibited. They are banned only for original returns, not for amended returns or claims for refund.
✕ Reporting Client Errors
Believing you must report a prior error to the IRS. You must advise the client but cannot disclose without consent.

Summary: Key Rules at a Glance

Rule Source Key Detail
Substantial authority required Circ. 230 \( \approx 40\% \) confidence for undisclosed positions
Realistic possibility AICPA SSTS \( \approx 33\% \) (one-in-three) chance of success
No contingent fees (original) Circ. 230 OK for amended returns and refund claims
Return client records Circ. 230 Even during fee disputes
§6694(a) penalty IRC Greater of $1,000 or 50% of fee
§6694(b) penalty IRC Greater of $5,000 or 75% of fee
Confidentiality §7216 Criminal penalty for unauthorized disclosure

Question 1 of 5

Under Circular 230, a tax practitioner who takes a position on a return that lacks substantial authority and does not disclose the position is subject to which penalty?

Question 2 of 5

A CPA discovers a material error on a prior-year return prepared by another firm. The client refuses to file an amended return. What must the CPA do?

Question 3 of 5

Under which circumstance is a contingent fee permitted under Circular 230?

Question 4 of 5

The AICPA SSTS No. 1 requires that a tax return position have at least what level of support to be recommended?

Question 5 of 5

IRC §7525 provides a taxpayer-practitioner privilege. Which of the following is a limitation of this privilege?