It can be applied to every tax benefit claimed on a return. The sanction applies to any preparer who fails to meet those due diligence requirements. The preparer must give the taxpayer a full copy of a tax return or refund request no later than the date the return is filed for the taxpayer to sign. The AICPA Tax Section publishes a series of checklists that preparers can use to ensure compliance with IRS reporting and documentation regulations and can help identify missing reporting problems and potential risks of examination or auditing in a tax return.
In this case, the non-signing preparer with supervisory duties for the position is considered to have primary responsibility, unless, on the basis of credible evidence, it is determined that another non-signing preparer within the company is responsible for the position. Preparedness is determined by the date the preparer signs the return or, in the absence of a signature, by the date the return is filed. The difference is that some tax preparers will be more aggressive and even unreasonable to their clients. Learn more about due diligence requirements for preparers and companies that employ preparers in the due diligence FAQs, including ways an employer can avoid sanctions.
The Tax Law Offices suggest that due diligence also serves as a preliminary and informal investigation for deliberate tax fraud by the tax preparer. In addition, the IRS encourages preparers to take advantage of the updated content available in national tax forums and other professional education opportunities. As noted above, a person who prepares a substantial part of a return or request for a refund is considered a tax preparer subject to a penalty. Tax return preparers are likely to be familiar with the due diligence requirements to determine eligibility or the amount of the EITC.
The IRS has published guidance for tax return preparers on ways to protect taxpayer data from identity theft. It is common for the IRS to contact the preparer after auditing the returns of several clients and their tax credits or benefits have not been allowed. Both types of tax preparers are responsible for any mistakes or mistakes they make, whether intentionally or unintentionally. In the letter, the IRS reports that it believes the tax preparer filed returns with inaccurate statements.
The IRS expects some return preparers to trick the system in order to generate illegal and large refunds of the Earned Income Tax Credit for their clients. A person who provides tax advice on a position that is directly relevant to the determination of the existence, characterization or amount of an entry in a return or request for reimbursement is considered to have prepared that entry.
