EA's: The Taxpayer's Tax Expert
What is an Enrolled Agent?
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.
You may also want to contact the state society, the California Society of Enrolled Agents (CSEA). There are various chapters throughout the state of California. CSEA may be reached at (916) 366-6646 or via their website
CSEA Website or e-mail
CSEA e-mail.