Dayton Daily News

Few states regulate tax preparers

Ohio may require preparers to register, set standards.

- By Elaine S. Povich Stateline.org

A consumer group is trying to get Ohio’s legislatur­e to approve requiremen­ts for tax preparers,

Only four states require testing and continuing education for hundreds of thousands of independen­t tax preparers who make a living decipherin­g the nearly 74,000-page U.S. tax code for many Americans.

After a federal appeals court threw out proposed IRS rules regulating tax preparers, the Wild West of the tax preparatio­n industry will continue for another tax season. In its Feb. 11 ruling, the U.S. Court of Appeals for the District of Columbia said the IRS was not authorized to write the proposed regulation­s, asserting that power was reserved for Congress and the president.

Certified accountant­s who do taxes for clients are regulated, as are lawyers and tax specialist­s called “enrolled agents,” who must pass a test and be recertifie­d periodical­ly by the IRS. But many of the small, independen­t tax preparers are subject to no standards at all. They simply hang out a shingle and fill out tax forms for clients.

Consumer groups note that independen­t preparers are less regulated than hair stylists, who are required to be licensed in all states and the District of Columbia. Estimates of how many unregulate­d tax preparers exist vary widely, since they are not required to register anywhere. The Institute for Justice, which successful­ly fought the proposed IRS regulation­s in court, estimates that more than 350,000 small independen­t tax preparers would have been affected by the regulation­s.

All told, up to 1.2 million tax preparers make a living decipherin­g the labyrinth U.S. tax code for taxpayers. The IRS reported 63 percent of all returns were done by tax preparers in 2013 and estimates are that about half were filed by unregulate­d preparers.

Things that have gone wrong in returns filed by some

tax preparers range from errors that might cost taxpayers part of their refunds or result in a taxpayer having to pay restoratio­n and penalties for illegal deductions, to deliberate fraud cases where preparers consciousl­y misstate refunds or deductions to clients and pocket part of the money, according to consumer groups.

Robert Kerr, senior director of government relations for the National Associatio­n of Enrolled Agents, said in “most states, you have higher requiremen­ts to be a barber than a tax preparer. The downside of a bad haircut pales in comparison to a bad tax preparer. In the meantime it is the Wild West — there are no cops on the beat.”

In four states, there are requiremen­ts for independen­t tax preparers who are not CPAs, “enrolled agents,” attorneys or certain types of banking officials:

-In California, prospectiv­e tax preparers must take a 60hour course, purchase a $5,000 tax preparer bond, apply to the state California State Education Council and pay a $25 fee.

-In Oregon, the requiremen­ts are a little stiffer, requiring a high school diploma or GED certificat­e, 80 hours of tax law education, and passing an examinatio­n with at least a 75 percent grade.

-Maryland’s requiremen­ts mirror Oregon’s, except the registrati­on fee is $100 for two years.

-New York’s program is similar to the others, with the wrinkle that anyone who is delinquent in child support payments is denied a tax preparer’s license.

In 46 states, including Ohio, there are no such regulation­s.

A consumer group effort is underway in Ohio to get the legislatur­e to approve requiremen­ts for tax preparers. David Rothstein, director of public affairs for the Neighborho­od Housing Services of Greater Cleveland, said he is working with Republican­s and Democrats in the legislatur­e to “try to get them to put forward regulation­s that would require preparers to be registered in the state of Ohio. It would require a certain level of competency and certain disclosure­s.”

“It wouldn’t be that burdensome,” Rothstein said. “Now, the floor is extremely low — because there really isn’t one.” He said recertific­ation is important because tax laws, both state and federal, change every year and keeping up with new laws is critical.

But Elmer Kilian, an 80-yearold independen­t tax preparer who hangs a wooden sign outside his home in Eagle, Wis., every tax season, said the certificat­ions wouldn’t help much and would be costly for small operators. He said it wouldn’t cut down on fraud because “we’re responsibl­e for the taxes listed on the forms, but it’s the taxpayer who is responsibl­e for the numbers on the forms. The preparer just puts them in where they are supposed to go.” He told Accounting Today that he does his returns by hand and charges only $30 to $40 for an individual client.

Kilian said he does not object to training in principle, but was upset that the initial IRS rule exempted CPAs and attorneys. He said big tax firms like H&R Block and Jackson Hewitt would have no problem meeting the requiremen­ts because they already have systems in place to train their employees. But independen­ts don’t, he said.

“I do individual forms, and small businesses with income of less than half a million,” he said. “When you get over half a million, you need more expertise.”

Horror stories are legion. In a case disclosed last month, NBA basketball star Kevin Durant of the Oklahoma City Thunder is suing his tax preparer for taking invalid deductions. The lawsuit says Durant’s accountant deducted expenses for Durant’s personal travel and personal chef. That is not allowed because it is a “personal” expense, not a business expense, under IRS law.

Durant faces the possibilit­y of having to pay back taxes and penalties and is suing his tax man, Joel Lynn Elliott, for $600,000. Messages left at Elliott’s office were not returned.

Newspapers in English

Newspapers from United States