Don't Let CPAs Off the Registration Hook
Written by Bob Scott   
Wednesday, 08 September 2010 13:34

The National Society of Accountants this week asked that the Internal Revenue Service not exempt CPAs from requirements faced by other tax preparers and I have thought since the new preparer registration proposal was issued that exemptions were a bad idea. Although they will be required to obtain Preparer Tax Identification numbers, CPAs, tax attorneys and enrolled agents are exempt from testing requirements, which will take a few years to roll out.

The NSA came out against what it said was a sudden proposal by the American Institute of CPAs to exempt CPAs from the registration process. In my opinion, it's bad enough that CPAs are exempt from testing requirements, but they definitely should not be allowed to escape IRS notice completely.

I think letting CPAs pass on competency testing does not help the taxpaying public. Surely, most CPAs could easy meet the requirements. But there are those who wouldn't and the American Institute of CPAs, the state CPA societies and boards of accountancy don't appear to be geared up to actively weed out the weaker links through any consistent process.

An executive with a tax software company, who had an obvious ax to grind, complained that IRS statistics show more problems with CPA-prepared returns than those from other sources. The reason, he said, was many CPAs don't prepare enough 1040s to stay in practice. Despite the obvious financial bias, it was hard to see any incentive for him to make up this report. The best medical advice is to seek heart surgery from doctors who perform many such operations and practice yields better results in most endeavors.

Certainly, there have been questions about the requirements regarding signing and non-signing preparers, especially in larger offices. But I can't shake the opinion that CPAs who touch tax returns ought to know what they are doing.

The latest proposal, like the existing exemption, has more to do with political power than it does with policing the tax preparation business. The NSA hit it on the head when it said the IRS should not give one group a competitive advantage by issuing free passes.

And that's what this is about. This is about the AICPA, which is acting for its members' benefit, trying to give them a competitive advantage. And that's the only thing it's about.


Bob Scott
About the author:
Bob Scott has provided information to the tax and accounting community since 1991, first as technology editor of Accounting Today, and from 1997 through 2009 as editor of its sister publication, Accounting Technology. He is known throughout the industry for his depth of knowledge and for his high journalistic standards.  
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Last Updated on Wednesday, 08 September 2010 13:56
 

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Comments (8)
Registration and Testing
8 Thursday, 09 September 2010 20:31
David M Simpson CPA MBA
Bob, your bio says you are known for your "depth of knowledge" and "high journalistic standards". I hope the remarks of my colleagues above have already encouraged you to "dig a little deeper" before you publish "journalistic drivel". Readers deserve much more reasoned discussion.
CPA exemption to New IRS testing
7 Thursday, 09 September 2010 06:12
David Horning
If the IRS wants to make sure that all tax professionals are qualified to prepare tax returns then why are they exempting ANYONE from taxing the exam. Since when does being a CPA or an ATTY make you qualified to prepare a tax return. I have been in this business in private practice for over 30 years and I have to take this exam. Everyone needs to take it.
Competency Testing for CPAs etc.
6 Wednesday, 08 September 2010 21:02
Jake
I am an attorney. Ohio allows attorneys to get a Notary Commission with no test. That apparently is based on the assumption we know all the rules etc. Bad mistake! Make everyone take the test - me too.
Registration Hook
5 Wednesday, 08 September 2010 18:19
Vic Howard CPA
Bob, as you probably know, CPAs must pass a rigorous test, participate in continuing education, are self regulating and expel members who do not/ can not/ will not abide by the regulations. In the tax industry, is there anyone who attempts to oversee a tax preparer? Although the AICPA and State societies do not specifically zero in on tax preparation, there is a CPA ethic that one should not take on an engagement one is not qualified for and a regulation that after one is licensed, that the CPA continue to add to their competency and knowledge through education. If the NSA feels strongly about having qualified preparers, why haven't they devised a set of rules and regulations to govern a membership? Perhaps if the NSA had done so, they might have put forth an exemption request of their own. Although there is no concrete reference to the IRS statistics in your blue highlighted paragraph bashing CPAs for tax preparation issues, it lacks logic. If the statistic is valid, what are the “more problems” the paragraph refers to? Does the “IRS show more problems” because of the tax preparation forms used or because of tax law interpretation? Are the problems found on audit or clerical review? Is it because CPAs prepare more complex returns than “other sources” or because CPAs prepare more returns than “other sources” – whatever it is, it’s unexplained and therefore loses its validity for me. From my perspective, the “competitive edge” you make reference to comes from the fact that CPAs are licensed and regulated while most “tax preparers” are not. Obtaining a CPA license is not an easy matter but the opportunity it is available to everyone. Maybe you should give it a try, perhaps your opinion might change. Thank you for expressing your opinion and reporting.
No Testing Needed
4 Wednesday, 08 September 2010 17:33
G Crowell
What is the point of testing? If the point of testing is to weed out poor performing preparers, then the same money could be spent on a program to track improperly prepared returns. If there appears to be an issue with a particular preparer, create a process to deal with those preparers. If the purpose is to increase tax compliance, the testing would be a failure. The largest amount of noncompliance comes from those preparers who know what they are doing and choose to cheat the system. They can do this because they know where the vulnerabilities are. By going after preparers based on their filing incorrect returns you will remove more problems than testing. It will not take long before courses are made to help individuals pass the test, while providing little aid in dealing with more complicated tax areas. In reality, more of the problems come from preparers not understanding these more complicated tax areas and not from general incompetence. If you set the bar too high, it will force many preparers out of business, put a greater burden on already too busy preparers and significantly increase the cost of tax preparation for many taxpayers. If you set the bar too low, the test is useless. This is why testing will not truly increase the quality of prepared returns.
Exemption from IRS Registration
3 Wednesday, 08 September 2010 17:25
Karl Reinecker
You are joking right? CPA's already have to hold themselves to standards of the respective State licensing Boards, already have to maintain substantial hours of continuing education, often in subjects that have no relevance to their practice focus, are subject to revocation of their license if they fail to maintain those standards. That "IRS statistics show more problems with CPA-prepared returns than those from other sources".... do you think this might have to do with the fact that most taxpayers with complex returns are going to have a CPA prepare the return and that due to inherent nature of the complexity there are going to be errors or differences in interpretations. Even a cursory review of the thousands of pages of IRC and Regs will cause the most experienced CPA to realize how much they don't know. And you think some baloney little competency test is going to make a difference or not forcing another level of administrative harrassment is going to give CPA's an advantage. I don't mean to to be rude, but you have no idea what you are talking about.
IRS registration for CPA's
2 Wednesday, 08 September 2010 16:19
Frank Stitely
I am perfectly fine with extending the registration process to CPA's. Most of us have to register with the IRS multiple times as it is. What the heck - one more form to complete. On the testing side, at least CPA's pass some kind of test and have continuing education. Unlicensed preparers have nothing. Testing is an entirely new world for them. A lot of them aren't CPA's because they can't pass the CPA exam. I would love the name of the tax firm exec with the comment about CPA prepared returns. Anonymity is a wonderful place to hide. I would love to review some of his firm's tax returns. I'll bet I have already.
IRS registration and testing of CPAs
1 Wednesday, 08 September 2010 16:06
Ron Benfield CPA MBA
The author of the article is a) not a CPA and b) wrong. The objective of the testing is to curtail having CPAs having to compete with clerks at used car dealerships who every January advertise "Come in and we will do your tax return and you can use your refund as a down payment on a cart", and stuff like that which we see every day. Accounting is the only licensed profession in which anyone, even without one day's training, can launch a business and compete with licensed professionals. We have to clean up their mess every day. Every CPA may not be 100% competent, but they at least passed the exam and does their CPE every year. We are competing with people who never gradusted high school, never do CPE, but every January walk to their neighborhood Office Depot and buy a copy of Turbo Tax and do returns for money. It is insane.

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