client email to third party

[erchess]

Do I need a signed permission statement in order to give the email address of a client but no other information to a third party company in order for said company to send my monthly client newsletter?

[tilt53]

From what I understand, we cannot give any info about whether we even have or don't have any particular client. So I would think that we cannot give out an email address without a signed disclosure statement.

[AJsTax]

That is a permitted use(maybe)

A tax return preparer may compile and maintain a separate list containing solely the names, addresses, email addresses and phone numbers of taxpayers whose tax returns the tax return preparer has prepared or processed. This list may be used by the compiler solely to contact the taxpayers on the list for the purpose of offering tax information or additional tax return preparation services to the taxpayers.The compiler may not transfer the taxpayer list or any part of the list, to another person unless the transfer takes place in conjunction ith the sale or other disposition of the compiler's tax return preparation business.

So maybe you can not send the list to the outside company, you would have get the news letter done and then send it to the names on the list yourself.

[Y2KEA]

Tell the requestor that, without confirming or denying a relationship with the client, to contact the individual directly for their email address.

[erchess]

Y2kea

The requestor does not know my clients or have any way of contacting themn. The requestor wants to take the email addresses of and no additional info about my clients plus a monthly charge on my credit card to send said clients a monthly email newsletter. It seems like everyone is telling me that I cannot use this service. It surprises me that Tenenz would offer me a service I cannot legally use but I agree with everyone else here that I cannot.

Does anyone want to argue that I CAN give a third party the email addresses of clients in order for the third party to send a Monthly newsletter without getting the signed permission of the clients?

[DonPriebe]

From the NATP Newsletter of November 19 ...

"Reg. §301.7216-2(n) permits a tax return preparer to compile and maintain a separate list containing solely the names, addresses, e-mail addresses, and phone numbers of clients for whom the preparer has prepared a tax return. The distribution of information for communications purposes (such as seminar/conference announcements, new hire announcements, seasonal or other greeting cards, modest gifts of nominal value, and newsletters principally related to tax information) is a permissible use of tax return information under Reg. §301.7216-2(n), such that written consents from clients are not required."

This explicitly says that distribution of tax newsletters to people on the list is permitted. It does not say that the tax preparer must personally do the clerical work. I see no reason why it cannot be contracted out.

[AJsTax]

Quotes disagree

The quote I typed in is from the New Tax Law Review from TTB. They specifically state that the list may not be distributed.
I have seen the adds from Tenez and others and wondered about it.
Can someone from TTB or NAEA further explain??

[ChEAr$]

distribution of a list?

The quote I typed in is from the New Tax Law Review from TTB. They specifically state that the list may not be distributed.
I have seen the adds from Tenez and others and wondered about it.
Can someone from TTB or NAEA further explain??

I think it turns on the definition of "is".. uh.. no.. on the definition of "distribution" or of ":list"

My opinion is the this tax newsletter outfit would be merely acting as an agent of it's customer, the preparer. Yes, as a subcontrator. And as long as that emailing of the newsletter is the only use of said list, the contractor, as agent, may maintain the list in computer storage.