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.
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
What is Circular 230?
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
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.
IRC Preparer Penalties
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.
Ethical Decision Framework
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.
Sanctions & Disciplinary Actions
Common Mistakes on the REG Exam
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?