Tell a Friend

 

Amendments & Penalties to Circular 230: What You Need to Know
   LIVE Webcast  

 


Event Details:                                                                                                                                                          

IRS Circular 230 now affects a wide variety of professionals including: attorneys, certified public accountants, enrolled agents, enrolled retirement plan agents, registered tax return preparers, and other persons representing taxpayers.

This program will discuss recently adopted amendment to Circular 230, which bring all tax return preparers within the regulatory and disciplinary authority of the IRS.

Some of the key areas addressed in this webcast:

Course Level: Intermediate
Prerequisite: None
Method Of Presentation: Group-Based-Internet
Developer: The Knowledge Group, LLC
Recommended CLE/CPE Hours: 1.75 - 2.0
Advance Preparation: Print and review course materials
Course Code: 114203
Course Fee: $299 (Please click here for details)

 

Featured Speakers for Amendments & Penalties to Circular 230: What You Need to Know LIVE Webcast :


Agenda  (click here to view more)


Joseph M. Persinger, Of Counsel,
Milbank, Tweed, Hadley & McCloy LLP

** Speaker Talking Points to be added soon.. **



Annette Nellen, JD, CPA, Professor, Graduate Tax Program,
San José State University

1. Categories of practitioners and preparers after the amendments
  • - comparison chart
  • - what is a Registered Tax Return Preparer and how and why to become one?
  • - rights and obligations of RTRPs versus attorneys, CPAs and Enrolled Agents
2. Tips for complying with Circular 230 and other rules of conduct and avoiding client and preparer penalties
  • - how to create and adopt firm policies to better ensure compliance with rules
  • - other key rules and penalties
3. Policy Considerations
  • - why IRS made changes for tax compliance
  • - challenges for the IRS
  • - relevance for compliance and administration


Linda Galler, JD, LLM, Professor,
Maurice A. Deane School of Law at Hofstra University

1. PTINS – final rules adopted
  • • New office (RPO) separate from OPR
  • • Waiver of continuing education requirements for lawyers, CPAs and enrolled agents
2. Circular 230 amendments re return preparers
  • • Any individual who is paid to prepare all or substantially all of a document regarding a taxpayer's liabilities for submission to the IRS is engaged in practice and subject to the provisions of Circular 230.
  • • The section allows OPR to look at the business practices of companies offering tax debt services.
  • • Because return preparation now constitutes practice before the IRS, suspended or disbarred preparers will be prohibited from preparing returns for compensation.
3. Circular 230 amendments re return preparation standards
  • • Circular 230 § 10.34(a). A practitioner may not “willfully, recklessly, or through gross incompetence” advise a client to take a position on a tax return or claim for refund that:
    • • lacks a “reasonable basis”,
    • • is an unreasonable position as described in IRC § 6694(a)(2), or
    • • is a (i) willful attempt by the practitioner to understate the tax liability or (ii) reckless or intentional disregard of rules or regulations as described in IRC § 6694(b)(2).
  • • A violation of IRC § 6694 will not result in a mandatory violation of Circular 230 § 10.34(a).
  • • A pattern of conduct is a factor that will be taken into account in determining whether a practitioner acted “willfully, recklessly, or through gross incompetence.”
4. Broad language in Circular 230 amendments giving the Commissioner (rather than OPR) the authority to initiate disciplinary proceedings 5. (Circular 230 related) Statute of limitations for bringing disciplinary proceedings is five years under 28 U.S.C. § 2462. Begins to run on due date for filing returns (including extensions) or payment of tax, as the case may be.
  • • Director, OPR v. Hernandez, 2011 TNT 116-22 (May 2011)
  • • Director, OPR v. Coston, 2011 TNT 205-67 (Oct. 2011)
  • • Director, OPR v. Craft, 2011 TNT 203-14 (Oct. 2011)
6. (Circular 230 related) Guidance on Restrictions During Suspension or Disbarment from Practice Before the Internal Revenue Service (Aug. 2011)
  • • Prohibited acts: prepare or file documents (including tax returns) or other correspondence with the IRS; render written advice with respect to any entity, transaction, plan or arrangement, or other plan or arrangement having a potential for tax avoidance or evasion; represent a client at conferences, hearings, and meetings; execute waivers, consents, or closing agreements; receive a taxpayer's refund check; sign a tax return on behalf of a taxpayer; file powers of attorney with the IRS; accept assistance from another person (or request assistance) or assist another person (or offer assistance) if the assistance relates to a matter constituting practice before the IRS, or enlist another person for the purpose of aiding and abetting practice before the IRS; state or imply that he or she is eligible to practice before the IRS.
  • • Permitted acts: represent himself or herself; appear before the IRS as a trustee, receiver, guardian, administrator, executor, or other fiduciary if duly qualified/authorized under the law of the relevant jurisdiction;appear as a witness for the taxpayer;furnish information at the request of the IRS or any of its officers or employees; receive information concerning a taxpayer from the IRS pursuant to a valid tax information authorization.




Milbank, Tweed, Hadley & McCloy LLP
Joseph M. Persinger
Of Counsel
speaker bio »»

San José State University
Annette Nellen, JD, CPA
Professor, Graduate Tax Program
speaker bio »»

Maurice A. Deane School of Law at Hofstra University
Linda Galler, JD, LLM
Professor
speaker bio »»



Who Should Attend?

- Attorneys
- CPAs
- Enrolled Agents
- Enrolled Retirement Plan Agents
- Registered Tax Return Preparers
- Other Persons Representing Taxpayers

Why Attend?

This is a must attend event for anyone interested in Circular 230 Amendments.

- New guidance explained by the most qualified key leaders & experts
- Hear directly from key regulators & thought leaders
- Interact directly with panel during Q&A

Registration Information:                                                                                                                                    


Disclaimer:
Please note, the event date is firm although it may be subject to change. Please click here for details.
The Knowledge Group, LLC is producing this event for information purposes only. We do not intend to provide or offer business advice. The contents of this event are based upon the opinions of our speakers. The Knowledge Congress does not warrant their accuracy and completeness. The statements made by them are based on their independent opinions and does not necessarily reflect that of The Knowledge Congress' views. In no event shall The Knowledge Congress be liable to any person or business entity for any special, direct, indirect, punitive, incidental or consequential damages as a result of any information gathered from this webcast.

 

 

 

 

 

 


Amendments & Penalties to Circular 230: What You Need to Know
LIVE Webcast

Speaker Firms:





San José State University is located in the heart of Silicon Valley with a student population of 30,000. Its Master of Science in Taxation program offers over 25 required and elective courses designed to help working professionals deepen their understanding of taxation to help advance their careers and offers students planning to enter tax careers, a strong foundation.




The Maurice A. Deane School of Law at Hofstra University prepares passionate students to make an impact in their communities and beyond. Accredited by the American Bar Association and ranked in the top 100 law schools nationwide, Hofstra Law is located on the campus of Hofstra University in Hempstead, New York. Along with a Juris Doctor (J.D.) degree program, the Law School offers Master of Laws (LL.M.) degree programs in American Legal Studies (for foreign law graduates) and Family Law.


Media Partner:




bestattorneysonline.com, a premium service provided by bestattorneysonline.com LLC, started in 2009, ranks law firms through research and evaluation to identify the most respectable and dedicated law teams in the United States. Our goal is to provide our users with a new way to locate and contact an attorney or a law firm while providing firms a way to get their image out and into the open. We advertise and provide access to the best law firms around the country and in specific areas and also list a directory showing many opportunities for a client to get in touch with legal help.




 

The Knowledge Group, LLC is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-2417. Website: www.nasba.org



 

We are an approved multi-event sponsor in the state of California. Our provider ID is: 14451. In Texas, Illinois, and Virginia, we submit programs for individual approval in advance. In all other states, once attendance is verified, participants are emailed an official certificate of attendance which they submit to their respective State Bar Associations. Our programs are created with continuing education in mind and are therefore designed to meet the requirements of all State Bar Associations. If you have any questions, please email our CLE coordinator at: info@knowledgecongress.org

Attention New York Attorneys:

This program is approved for CLE credit under New York’s Approved Jurisdiction policy. The Knowledge Group, LLC is an approved sponsor in the state of California, a New York Approved Jurisdiction. This program fulfills the non-traditional format requirement of exceeding 60 minutes in length. Please note only experienced attorneys (more than 2 years) are eligible to receive CLE credit via non-traditional format learning platforms. The Knowledge Group will verify attendance during the webcast via secret words (3 per credit hour) and by auditing attendees log in and log out records. All verification instructions will be provided during the webcast. Once attendance verification requirements have been completed, the attendee will be issued a certificate of attendance be The Knowledge Group for the course with the recommended number of credit hours. The Certificate of Attendance is normally sent via email in 24 hours or less.

To Claim Your CLE Credits:

The attorney should simply include credits earned via Knowledge Group webcasts when computing the total number of CLE credits completed, and keep the Knowledge Group Certificate of Attendance for a period of at least four (4) years in case of audit. An attorney may count towards her/his New York CLE requirement credit earned through the Approved Jurisdiction policy without notifying the CLE Board.

To learn more about New York’s Approved Jurisdiction policy. Please visit: http://www.nycourts.gov/attorneys/cle/approvedjurisdictions.shtml



 
Enrolled Agents Sponsor ID Number: 7602U

We have entered into an agreement with the Office of Professional Responsibility, Internal Revenue Service, to meet the requirements of 31 Code of Federal Regulations, section 10.6(g), covering maintenance of attendance records, retention of program outlines, qualifications of instructors, and length of class hours. This agreement does not constitute an endorsement by the Office of Professional Responsibility as to the quality of the program or its contribution to the professional competence of the enrolled individual.