lydia33 Posted January 21, 2013 Report Share Posted January 21, 2013 District Court Ruling Regarding IRS RTRP Regulations On Friday, as some of you may already know, the U.S. District Court for the District of Columbia has ruled against the IRS, enjoining it from enforcing the RTRP requirements. Therefore the requirement that non CPAs, Attorneys and Enrolled Agents must sit for and pass the exam cannot be enforced. In addition, the licensing requirement that imposes continuing education is also struck down. The requirement of having a PTIN was not part of the ruling and is a separate issue. Therefore, holding a PTIN is still a requirement. The court ruled that the IRS did not have authority to issue the regulations without a Statute issued by Congress. There are a few paths that may be taken: Congress may pass a law and give the IRS the authority and/or The IRS will appeal to the D.C. Circuit Court Note that the attorneys for the plaintiffs have stated that they will be ready to take it to the Supreme Court after that. The IRS has not commented as of this writing. NSTP encourages everyone to have a PTIN and obtain CPE even if you are not required to do so by the IRS. You and your clients benefit from your personal goals and knowledge. NSTP will keep you posted. Paul LaMonaca NSTP Director of Education Quote Link to comment Share on other sites More sharing options...
OldJack Posted January 21, 2013 Report Share Posted January 21, 2013 District Court Ruling Regarding IRS RTRP Regulations The requirement of having a PTIN was not part of the ruling and is a separate issue. Therefore, holding a PTIN is still a requirement. Well... getting and paying for a PTIN looks to me like a "license" which the court said IRS had no authority to do. What do you think? Quote Link to comment Share on other sites More sharing options...
mcb39 Posted January 21, 2013 Report Share Posted January 21, 2013 I think they are stirring up a big kettle of confusion. I am glad that I was able to conform and have it behind me. CE has always been a voluntary part of my tax prep. The test didn't hurt me one bit and am glad to have it over as we have enough things to worry about right now with the ATRA and the delay of filing as well as the issues with the tax program (s). No matter what the courts decide, I won't be crying over spilt milk. Any and all knowledge that I gleaned from studying for and taking the test is only to my benefit and for the good of my clients. Those are my major concerns. 2 Quote Link to comment Share on other sites More sharing options...
lydia33 Posted January 21, 2013 Author Report Share Posted January 21, 2013 I do think there should be some regualations on who can fill out tax returns and CE. I have passed my RTRP. ( which at this time looks like it is just a piece of paper) I did the CE even more than was required. I have always gone to Tax Schools before each tax season. I would have been stupid not to to see what the changes were. It is the money that we paid! Quote Link to comment Share on other sites More sharing options...
OldJack Posted January 21, 2013 Report Share Posted January 21, 2013 >>I do think there should be some regulations on who can fill out tax returns<< Well... don't you think the individual should know who is qualified to prepare their taxes and should make that decision without a title from the IRS? You know, everyone is a tax expert. Quote Link to comment Share on other sites More sharing options...
Elrod Posted January 21, 2013 Report Share Posted January 21, 2013 I just have Billy at Billy's chili dog shop do mine. He's walking distance from my office, and I get a discount if it's snowing that day. OH.!.. and free banana. Quote Link to comment Share on other sites More sharing options...
Janitor Bob Posted January 22, 2013 Report Share Posted January 22, 2013 At EZEE Tax prepping by Chaz (the guy on the corner by Woody's Market that drinks warm Corona). Every 10th client gets a Frickin' banana Quote Link to comment Share on other sites More sharing options...
HV Ken Posted January 22, 2013 Report Share Posted January 22, 2013 On New Years Day, we were flipping channels and came across this: "If you did anything wrong, it's your own fault. You shouldn't have made out your own tax return. I told you to go down to the barber shop and get somebody to do it who knows how." Alice Cramden, The Honeymooners (1956) season 4, episode 28 "The Worry Wart" 1 Quote Link to comment Share on other sites More sharing options...
jainen Posted January 22, 2013 Report Share Posted January 22, 2013 >>There are a few paths that may be taken: Congress may pass a law and give the IRS the authority and/or The IRS will appeal to the D.C. Circuit Court<< I can think of another way. IRS could simply ignore the ruling, leave everything in place except have registration be voluntary. That's how it is with enrolled agents. By next year, H&R Block and other large employers would have ads that emphasize how trained and tested their preparers all are. Then how could an unregistered preparer answer the clients' obvious question? Quote Link to comment Share on other sites More sharing options...
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