Ethics &professional Responsibilities Flashcards
More likely than not
> 50%
Substantial Authority
> 33% but
Reasonable basis
> 20%
Negligence
Failure to make reasonable attempt to comply with provision of IRS law
Tax shelter
Plan/ arrangement of entity to avoid/ evasion of federal income tax
Tax preparer
Person prepare federal tax returns for a Fee/ compensation
Dont have to be CPA or EA
Tax preparer will be penalized if
Fail to provide client copy of return
Fail to sign tax return claim
Fail to retain records properly (3yrs)
Fail to provide his tax ID on client return
Fail to file correct inf returns
Help in aiding &abetting to underest tax liab
Wrongful disclose client confidential infor
Never endorse/negotiate/cash client check
Never hold client records &must return if client request
Fail to Diligent in determine EIC credit for clients:
RICE record, inquiry reasonable, computation wordsheet, eligibility checklist
Tax preparer can disclose client infor without consent only when
Order by Court/Subpoena Quality peer review/CPA society voluntary Quality Control Prepare client tax return sEC audits If client consent
Defense of a lawsuit brought by client
Official investigation by Aicpa/ state trial broad
Can show to prospective purchaser of CPA firm but cant disclose confidential infor
GAAP/GAAS require discloses
Cir 230- general rules of Practice-position of authority same as Aicpa codeof professional conduct & IRC
Address potential “Conflict of interest”
Tax prepare only charge Contingent fees when
IRS examination or audit
Claim solely for a refund of interest or penalties
A judicial proceeding arising under the IRC
When tax practitioner has knowledge of omission/error by client
Must advise client promtly of any non compliance , error, omission in the return and advise the consequences under the law
Must consider withdraw if client refuses to fix
DONT have to notify IRS directly regarding of error
Practitioner must not give written federal tax advice if
Based on Unreasonable/ frivolous factual or legal assumption
Unreasonable relies upon stm of findings
Not consider all the relevant facts
Sanctions- disbar, suspend any practitioner from practice before IRS if
Being convicted of any criminal offense/felony under Federal law
Fails to comply Cir 230
Intend to defraud, willingly &knowingly mislead or threaten clients
Not acting in Good faith
State Broad of Accountancy
Only it can gives and revoke licenses to CPA
Penalty of misconduct for CPA by SBOA
Suspension of license Monetary fine Probation Censure Require continuing CPEs
No jail as a penalty
Aicpa & State CPA societies action
Can suspend or terminate CPA membership but CANNOT suspense or revoke CPA license
Membership can be suspended without hearing