An Enrolled Agent (EA) is a
federally-authorized tax practitioner who has technical expertise in the field
of taxation and who is empowered by the U.S. Department of the Treasury to
represent taxpayers before all administrative levels of the Internal Revenue
Service for audits, collections, and appeals.
What does the term “Enrolled Agent”
mean?
“Enrolled” means to be licensed to
practice by the federal government, and “Agent” means authorized to appear in
the place of the taxpayer at the IRS. Only Enrolled Agents, attorneys,
and CPAs may represent taxpayers before the IRS. The Enrolled Agent
profession dates back to 1884 when, after questionable claims had been
presented for Civil War losses, Congress acted to regulate persons who
represented citizens in their dealings with the U.S. Treasury Department.
How does one become an Enrolled
Agent?
The license is earned in one of two
ways, by passing a comprehensive examination which covers all aspects of
the tax code, or having worked at the IRS for five years in a position which
regularly interpreted and applied the tax code and its regulations. All
candidates are subjected to a rigorous background check conducted by the IRS.
How can Enrolled Agent help me?
Enrolled Agents advise, represent,
and prepare tax returns for individuals, partnerships, corporations, estates,
trusts, and any entities with tax-reporting requirements. Enrolled
Agents’ expertise in the continually changing field of taxation enables them to
effectively represent taxpayers audited by the IRS.
Privilege and the Enrolled Agent
The IRS Restructuring and Reform Act
of 1998 allow federally authorized practitioners (those bound by the Department
of Treasury’s Circular 230 regulations) a limited client privilege. This
privilege allows confidentiality between the taxpayer and the Enrolled Agent
under certain conditions. The privilege applies to situations in which
the taxpayer is being represented in cases involving audits and collection
matters. It is not applicable to the preparation and filing of a tax
return. This privilege does not apply to state tax matters, although a
number of states have an accountant-client privilege.
Are Enrolled Agents required to take
continuing professional education?
In addition to the stringent testing
and application process, the IRS requires Enrolled Agents to complete 72 hours
of continuing professional education, reported every three years, to maintain
their Enrolled Agent status. NAEA members are obligated to complete 90
hours per three year reporting period. Because of the knowledge necessary
to become an Enrolled Agent and the requirements to maintain the license, there
are only about 46,000 practicing Enrolled Agents.
What are the differences between Enrolled
Agents and other tax professionals?
Only Enrolled Agents are required to
demonstrate to the IRS their competence in matters of taxation before they may
represent a taxpayer before the IRS. Unlike attorneys and CPAs, who may
or may not choose to specialize in taxes, all Enrolled Agents specialize in
taxation. Enrolled Agents are the only taxpayer representatives who
receive their right to practice from the U.S. government (CPAs and attorneys
are licensed by the states).
Are Enrolled Agents bound by any
ethical standards?
Enrolled Agents are required to
abide by the provisions of the Department of Treasury’s Circular 230, which
provides the regulations governing the practice of Enrolled Agents before the
IRS. NAEA members are also bound by a Code of Ethics and Rules of
Professional Conduct of the Association.
Why should I choose an Enrolled
Agent who is a member of the National Association of Enrolled Agents (NAEA)?
The principal concern of the
National Association of Enrolled Agents and its members is honest, intelligent
and ethical representation of the financial position of taxpayers before the
governmental agencies. Members of NAEA must fulfill continuing
professional education requirements that exceed the IRS’ required
minimum. In addition, NAEA members adhere to a stringent Code of Ethics
and Rules of Professional Conduct of the Association, as well as the Treasury
Department’s Circular 230 regulations. NAEA members belong to a strong
network of experienced, well-trained tax professionals who effectively
represent their clients and work to make the tax code fair and reasonably
enforced.
How can I find an Enrolled Agent?
The easiest and fastest way to
locate an Enrolled Agent in your area is to visit www.naea.org. The ‘Find an EA’ function
located on the home page will allow you to search instantly by locality or
specialty. You can also call 800-424-4339, the EA referral service.
This is an unattended service, but you can request to receive your response by email,
fax or mail and all calls are answered within 2 business days. You might
also want to check in your local yellow pages under ‘Tax Preparation’, and look
for the phrase ‘Enrolled Agent, Enrolled to Represent Taxpayers before the IRS’
or the ‘EA” credential following the professional’s name.
Source:
http://www.naea.org/MemberPortal/Resources/ForTaxpayers/whatis_EA.htm
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