The Internal Revenue Services announced Monday, January 4, 2010, that it plans to require tax preparers to pass a competency test and register with the government to better police a largely unregulated industry used by most taxpayers.

The new regulations, announced Monday, won't be in effect for the current filing season — individual tax returns are due April 15. But Commissioner Douglas Shulman said tax preparers will be held to higher standards in future years as the IRS steps up its oversight to help reduce fraud and errors.

"Taxpayers will get improved service and enhanced standards from tax preparers and they'll have less risk that they'll get bad advice," Shulman told reporters. "The tax preparation industry will get more consistency and a level playing field."

Shulman said he hopes to have all paid tax preparers registered by the 2011 filing season. Preparers will be given about three years to meet competency requirements, though there is much work to be done to develop standards and tests.

Eventually, tax preparers will be required to complete annual training and will be subject to penalties for unethical conduct, Shulman said. Taxpayers will be able to check the credentials of preparers on a public IRS database.

"We think this is incredibly important to the entire tax system that when people pay good money for a tax return preparer, they don't get bad advice," Shulman said.

In addition to the stepped-up oversight of preparers, Shulman also announced a new outreach effort to help make sure taxpayers choose a reputable preparer this filing season. That’s particularly important because taxpayers are legally responsible for what is on their tax returns – even if someone else prepares those returns.

Most tax return preparers are professional, honest, and provide excellent service to their clients. Shulman offered the following point for taxpayers to keep in mind when selecting a tax preparer:

• Be wary of tax preparers who claim they can obtain larger refunds than others.
• Avoid tax preparers who base their fees on a percentage of the refund.
• Use a reputable tax professional who signs the tax return and provides a copy.
• Consider whether the individual or firm will be around months or years after the return has been filed to answer questions about the preparation of the tax return.
• Check the person’s credentials. Only attorneys, CPAs and enrolled agents can represent taxpayers before the IRS in all matters, including audits, collection and appeals. Other return preparers may only represent taxpayers for audits of returns they actually prepared.
• Find out if the return preparer is affiliated with a professional organization that provides its members with continuing education and other resources and holds them to a code of ethics.

More information about choosing a tax return preparer and avoiding fraud can be found in IRS Fact Sheet 2010-03, How to Choose a Tax Preparer and Avoid Tax Fraud.

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