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Top Three Reasons The IRS Will Audit Tax Preparers

Learn to Avoid IRS Tax Preparer Audits

The best way to eliminate the consequences of a dangerous situation is to know how to avoid that situation in the first place.  There are many reasons the IRS might want to audit a tax preparer.  Below is a brief discussion of the top 3 reasons why the IRS might investigate a tax preparer

Circular 230 Violations

The IRS first published this document in 1921, and it was last amended in 2005. Circular 230 is an arbitrary enforcement tool, because the IRS is essentially the sole authority for what it covers and what it means. However, there are a few judicial decisions that touch on these issues, including Loving v. IRS, a 2014 case from the D.C. Circuit Court of Appeals. The most frequent violations in a paid tax preparer investigation include:

  • Making a “false, fraudulent, or coercive statement or claim” in any advertising materials or other publically available documents (Section 10.30(a)(1)),
  • Giving any “false or misleading information” to any Treasury official, if the paid tax preparer knows the information is false. Section 10.51(a)(4) covers a broad swath of territory, including tax returns, supporting documents, statements made to investigators, and “any other document or statement, written or oral,”
  • Willfully participating in any tax evasion (Section 10.51(a)(6)), a directive that relates back to the post on paid tax preparer duties, and specifically the duty to interview clients and take what they say with a grain of salt, and
  • Contemptuous conduct, which Section 10.51(a)(12) broadly defines as abusive language, false accusations, and/or malicious statements.

Disbarred attorneys, non-practicing accountants, and other unlicensed professionals who collect fees to do taxes may also find themselves at the center of a paid tax preparer investigation.

Using The Agency’s Name in Vain

31 U.S.C. 333 prohibits anyone from implying that the IRS in any way endorses or approves of their services or activities.

While not as common as the other two areas discussed, there are a surprising number of these incidents in paid tax preparer investigations. Typically, advertising disclaimers are not clear enough or the preparer uses a prohibited IRS logo.

EITC Due Diligence

This is the big one. There is a lot of economic pressure on paid tax preparers to deliver big refunds, and shortcuts and the Earned Income Tax Credit is the best way to deliver the goods. However, true to our “knowing is half the battle” theme, these kinds of paid tax preparer investigations are rather easy to avoid, if there is clear evidence of due diligence, which is:

  • A completed and submitted eligibility checklist
  • Correct computation
  • Actual knowledge of key facts
  • Plenty of records

Due diligence is not a guarantee that the EITC calculation is 100 percent true and accurate, but rather a guarantee that the paid tax preparer has done everything within reason to ensure accuracy and reliability.

I hope you found these 3 reasons why the IRS will audit a preparer helpful.  In a future post, we’ll examine more aspects of paid tax preparer investigations, including IRS methods, the possible penalties, and some possible resolutions.

Venar Ayar, Esq.

Venar Ayar, Esq.

Attorney-at-Law, Master of Laws in Taxation
Principal and founder, Ayar Law

Venar is an award-winning tax attorney ranked as a Top Lawyer in the field of Tax Law. Mr. Ayar has a Master of Laws in Taxation – the highest degree available in tax, held by only a small number of the country’s attorneys.