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Tuesday, 30 June 2009

When tax preparers attack

Posted on 13:17 by Unknown
The battles continue in the tax blogging world. After a lengthy and thorough debate on tax preparer regulation (tax pros are good at thorough), we jump into the debate of how best to avoid (or at least not invite) an IRS audit.

First, I must say it's great to have experts talk openly about what will and will not get the attention of the IRS. I am much newer to the profession than the tax bloggers, so I value the information they share about "the real world." After all, the IRS isn't going to teach me about the realities of enforcement. During a recent radio show, an IRS representative told a caller that he should, in fact, amend his tax return because he received a 1099 that increase his tax by $40. Hmm... thanks IRS, but I think I'll read what the bloggers have to say.

So Peter Pappas began the debate (perhaps inadvertently) with his post titled 5 Slam Dunk IRS Audit Red Flags. Robert Flach posted a commentary, and the debate ensued.

As usual, I agree with both of them on several issues. And I think they too agree on several key points. The IRS is more likely to scrutinize returns with these five deductions, simply because returns with these deductions are more likely to have error or fraud. It's about probability, and don't we tax preparers love math?

I did not anticipate the change in the debate's focus, which became that of whether a return prepared by a CPA is less likely to have errors than a return prepared by a non-CPA.

Robert is correct that a CPA is not specifically licensed for tax preparation, rather "a CPA is a licensed accountant, authorized to certify audits of financial statements." Just a couple of months ago, I was pondering this exact issue. I was thinking about all the fancy credentials the AICPA offers for CPAs in other specialties - financial planning, fraud examination, business valuation - and wondering how to become a certified tax expert.

So I emailed the AICPA asking about it. Here's the exact wording of the response I received:

"We do not offer a credential in taxation. In general, our approach has been not to develop credential programs around areas for which the public already believes CPAs to 'own'. In addition, we do not endorse a particular tax credential."

And so we CPAs specializing in tax find ourselves in a bit of a quandary. Our CPA designation does not by itself qualify us as tax experts, but there is not another designation available that does.

And now we arrive back at our original issue of debate, that of tax preparer regulation. Is anyone else getting dizzy?
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Posted in IRS, Tax Enforcement, Tax Professionals | No comments

Saturday, 27 June 2009

Tax preparer regulation: Late for the party

Posted on 08:38 by Unknown
Don't you hate it when you thought the invitation said 9, but the party really started at 8?

I figured I'd still come the to party, even though it may mean receiving disdainful looks from those wondering why I'm so slow. So here's my take on the specific issue of tax preparer regulation:

One of my pet peeves (and goodness, there are many) is when a person repeatedly talks about problems but never suggests solutions. Granted, I am always pointing out problems (much to the challenge of co-workers), but all the while strive to find solutions.

Going back and reading my previous post, "Why Regulation Won't Work," I now kick myself for doing just that which I detest -- discussing the problem but not possible solutions. Doh! Let's see if I can get back in my own good graces.

So regulation won't solve our problems. That's simply a fact of life. In all aspects of life, we have a gap between the ideal and the reality. The issue, then, is how to minimize the size of the gap. We must have law and order if we are to avoid anarchy.

A couple of concepts from Economics 101 come into play here. First, we must deal with externalities, both benefits (such as public safety) and costs (such as pollution). And second, we have limited resources.

How do we deal with it? We must decide whether to use our scarce resources to affect an externality, be it public safety, education, law enforcement, whatever.

I'd argue that tax evasion itself is an externality. Most people would not comply with tax law if society did not dedicate resources to its enforecement. Few people argue that we do not need laws or regulations. Rather, the argument centers on the method and extent of regulation.

I think those involved in this debate agree on several things, such as:
  • Ideally, all tax preparers would be knowledgeable and honest.
  • The reality is far from this ideal.
  • The public would benefit if the reality-ideal gap were decreased.
If we all agree on those points, then the key issue is: Would the benefits of regulating unlicensed preparers justify the resources required to do it?

I'm inclined to say no. In my experience, government (and the IRS in particular) does not operate efficiently.

Maybe I'm wrong, and someone will present to us a beautiful, inexpensive, efficient system to regulate preparers. If that happens, I will gladly eat my words. But until them, I'd rather the IRS spend its scarce resources on other things.

(Bruce the Taxguy provides a nice list of links to blogger commentary on the issue.)
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Posted in IRS, Tax Enforcement, Tax Professionals | No comments

Saturday, 20 June 2009

Why regulation won't work

Posted on 17:30 by Unknown
A few seemingly unrelated posts from tax bloggers got me thinking (which is always scary). The posts are...
  • The Wandering Tax Pro, Robert Flach, discusses the Ethics CPE requirements for Enrolled Agents and CPAs. He writes: "I have been preparing tax returns for about 38 years, without incident. If I do not have ethics by now sitting through 2 hours ain’t going to make me ethical. If I am so inclined to be unethical in my practice listening to a speaker tell me what is wrong is not going to make me 'see the light'."

  • TaxVox: the Tax Policy Center blog, by Jacob Goldin, discusses the proposed tax on junk food, posing the question: "Would a junk food tax really reduce obesity?"

  • Tax Rascal discusses the California tax credit for purchasing a new home, which lenders will be authorized to advance to buyers towards a down payment.
The connection I see is one of the unfortunate but very real facts of life: We cannot change people's motivation for behavior.

We can regulate behavior, but not motivation. We can educate, discuss, persuade, encourage... but when all is said and done, people can only be changed by themselves.

Here's how this relates to the above blog posts...
  • An ethics CPE requirement will not make a person ethical.
  • A tax on junk food will not make a person change their lifestyle.
  • A financial crisis will not stop people from buying things they can't afford.
I don't think bigger government and higher taxes are the answer, but I'm afraid I don't know what the answer is. Ideally, everyone could agree on some clear goals for American citizens, which might include acting ethically, being healthy, and living within our means. But it's impossible to get millions of people to sit around the table and figure it out, so until then we're stuck trying to regulate behavior.

It's not the solution, but I guess it beats complete chaos.

(As a quick post script, a great book about this subject is Leadership and Self-Deception.)
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Posted in Ethics, Tax Enforcement, Tax Professionals, Tax Reform | No comments

Thursday, 18 June 2009

What I missed

Posted on 06:54 by Unknown
After a much-needed vacation (my first of the year), I'm making my way through the 1000+ unread items in Google Reader. Here are a few things I missed in the world of tax...

  • Regulating Tax Preparers: Lots of buzz about potential regulation of tax preparers, including posts from Joe Kristan (Tax Update Blog), Peter Pappas (The Tax Lawyer), Robert Flach (The Wandering Tax Pro), and Trish McIntire (Our Taxing Times).

  • Hope for unlimited minutes: The IRS has suggested that Congress repeal the taxes on personal use of employer-provided cell phones. Please, please, oh please let this happen! Lots of blogging on the subject, including posts from Taxgirl, Kay Bell, Tax Prof, and Joe Kristan.

  • TIGTA Recommendations: The Treasury Inspector General for Tax Administration (TIGTA) has made some recommendations to the IRS regarding tax enforcement, a couple of which are discussed by Robert Flach and Paul Caron.
I hope to read more later. Thanks to all the bloggers tracking the news for me!
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