Free Site Registration


IRS Revises Tax Return Preparer Penalty Regulations

Print
Email
Reprints
Washington, D.C. (December 17, 2008)

By WebCPA staff

The Internal Revenue Service has issued new guidance on implementing the recently amended tax return preparer penalty, which punishes tax preparers for taking "unreasonable positions" on tax liabilities.

Notice 2009-5 provides guidance on the preparer penalty modifications included in the financial bailout bill. The American Institute of CPAs has lobbied heavily to equalize the standards for tax preparers and their clients through several bills this year, until the revised standards were finally signed into law as part of the Emergency Economic Stabilization Act.

Section 6694(a) of the Tax Code imposes a penalty on a tax return preparer who prepares a return or claim for refund reflecting an understatement of liability due to an "unreasonable position" if the tax return preparer knew (or reasonably should have known) of the position. No penalty is imposed, however, if it is shown that there is reasonable cause for the understatement and the tax return preparer acted in good faith.

The IRS has also issued Rev. Proc. 2009-11, which identifies the relevant categories of tax returns and claims for refund for purposes of the tax return preparer penalty under Section 6694. The revenue procedure also identifies the returns and claims for refund that need to be signed by a tax preparer under the regulations published by the Treasury Department and the IRS in order to avoid a penalty.

0 Comments

Be the first to comment on this post using the section below.

Add Your Comments...

Already Registered?

If you have already registered to Accounting Today, please use the form below to login. When completed you will immeditely be directed to post a comment.

 

Follow Accounting Today
Advertisement
Advertisement

Women in Accounting: Breaking the Mold

May 21, 2013

A continued conversation with Marcum’s Nanette Lee Miller and Janis Cowhey McDonagh about the obstacles women in the accounting profession face when trying to make their way into leadership positions.

IMA’s Jeff Thomson on the Role and Skills of Management Accountants

May 8, 2013

Institute of Management Accountants president and CEO Jeffrey Thomson discusses why accounting students should consider management accounting as a career, and the IMA's partnership with John Wiley & Sons.

Advertisement

SLIDE SHOW

Top 10 Tech Initiatives -- 2013

May 5, 2013

The AICPA's annual list of IT priorities for accounting firms.

Tax Stats: May 2013

April 30, 2013

Our monthly collection of statistics from the world of tax.

10 Biggest Estate Planning Mistakes

April 29, 2013

Help your clients avoid these common pitfalls.

Common E-mail Security Mistakes

April 23, 2013

These five bad habits can make your confidential information -- and that of your clients -- easy to steal.

The Art of the Tax Cartoon

April 9, 2013

A selection of tax cartoons from Philly tax firm Drucker & Scaccetti's 'Finding Humor in Taxes' exhibit.

Advertisement
Advertisement
Advertisement