NY registration

[BOB W]

Here's the link for NYS's definition of "Tax Preparer"
http://www.tax.state.ny.us/pdf/memos...mt_11r_21s.pdf

I think it is a real slap in the face what NYS has done to Enrolled Agents. NYS recognizes EAs in so many areas and to do this, exclude EAs from the list of other professionals recognized by NYS, is a "kick in the a**".

[FEDUKE404]

About that NYTPRIN

I can't see how the NY revenue dept will have the resources to check out of state registration. If I am a non NY CPA or Attorneyand prepare less than ten returns a year, is NY really going to check with my state Bar or CPA Society to confirm I am licensed? They will only have a name, PTIN or EIN to work from. Am I missing something here?

I have no idea what NY will do - they apparently are having a difficult enough time figuring out what a "tax preparer" really is!

OTOH, it is my understanding that 2009 NY tax forms will have an area where said preparer must enter a separate NYTPRIN. It will be interesting to see how they actually process tax returns which do not show such a number.....

For now I have obtained my NYTPRIN (I do <10 NY returns per year, so no fee) and will place it on any NY returns I prepare. It's one less thing now to worry about. Perhaps by this time next year the folks in Albany can figure things out?

FE

[JCH]

Thank you. So does this mean anything to me now if I am an Enrolled Agent living outside of NY state?

[Uncle Sam]

NY Registration

Here's the link for NYS's definition of "Tax Preparer"

http://www.tax.state.ny.us/pdf/memos/multitax/m09_14c_16i_13m_5mctmt_11r_21s.pdf

[JCH]

I can't see how the NY revenue dept will have the resources to check out of state registration. If I am a non NY CPA or Attorneyand prepare less than ten returns a year, is NY really going to check with my state Bar or CPA Society to confirm I am licensed? They will only have a name, PTIN or EIN to work from. Am I missing something here?

[dtlee]

Do you know why your state doesn't seem to recognize Enrolled Agents along with CPA's and lawyers as it applies to this new legislation? And leave it to New York to make even the registration so complicated that most of us have difficulty navigating the registration process.

I find this one of the most irriatating pieces of legislation to come along in my fifteen years in this business. Seriously, a nine page outline on just how to register. I'm hoping that you might have some sort of inside knowledge about this based on your moniker. Thanks.

Without defending the stupid rules, I will give you some insight into what they were doing. First of all, they wanted everyone who prepares a New York State tax return to be registered. New York State licensed attorneys and CPAs already have some form of registration. Attorneys and CPAs outside of New York as well as all EAs do not have any form of registration. After that, in my opinion, they got stupid since they only wanted the registration numbers of those individuals who were not CPAs and attorneys to be reported on the New York State tax return.

This will become a nightmare for them. They will need to inspect every return without a registration number to see if it might be a New York State licensed CPA or attorney.

They have now made this worse for themselves,since recently passed (and signed into law, I believe) legislation gives out-of-state CPAs and attorneys the same status as NY licensed CPAs and Attorneys. Now, lots more returns will validly not have registration numbers.

Regarding Enrolled Agents, with the new law that give all CPAs and attorneys the same status as those licensed by New York State, it is no longer a question of identification and monitoring individuals not already tracked by the state and I would now agree that Enrolled Agents should be treated the same way.

[New York Enrolled Agent]

For what it's worth, the New York law requiring NY tax preparers to furnish a copy of the "NY Taxpayer's Bill of Rights" to the client excludes Attorneys, CPAs, AND EAs.

FYI - This inconsistency between the above & the registration law will be one of the points raised in the oral arguments on NYSSEA's lawsuit scheduled for Jan 28.

[DonPriebe]

For what it's worth, the New York law requiring NY tax preparers to furnish a copy of the "NY Taxpayer's Bill of Rights" to the client excludes Attorneys, CPAs, AND EAs.

(But that law doesn't provide any revenue to the state.)

[BOB W]

I think you failed to mention the main reason: "Because NY wants the money."

As an outsider (I prepare very few NY returns - mostly part-year or non-resident ones) looking in, it would seem to me there could be some real legal issues here that might not sustain a good court challenge by the non-NY folks.

Oh yes: It just occurred to me to add to your list this possible reason - "Because NY wants the money."

FE

.
You are right, NYS wants money but not only yours. They want to go after the taxpayer that is using preparers who have no reguard for tax laws. So to NYS, both are violators and they wants additional funds from all.

Of course any preparer that doesn't sign the return, NY can't go after( on the surface).

[FEDUKE404]

Seeing t hrough the NY registration fog

a) Because NY wants the money

b) Because the NY CPAs and Attorneys already pay a fee.

c) Because the EAs don't have a strong lobby

d) Because NY wants the money

e) All of the above

I think you failed to mention the main reason: "Because NY wants the money."

As an outsider (I prepare very few NY returns - mostly part-year or non-resident ones) looking in, it would seem to me there could be some real legal issues here that might not sustain a good court challenge by the non-NY folks.

Oh yes: It just occurred to me to add to your list this possible reason - "Because NY wants the money."

FE

[JCH]

a) Because NY wants the money

b) Because the NY CPAs and Attorneys already pay a fee.

c) Because the EAs don't have a strong lobby

d) Because NY wants the money

e) All of the above

I am a non-resident of NY, and an Enrolled Agent. IRS recognizes CPA's, Lawyers, and EA's with the same privileges. This is clearly discriminating against EA's, which is my beef. I agree, EA's don't have a strong lobby. I prepare about a half-dozen NY returns a year, but may give them up. It's not worth the hassle.

[DonPriebe]

Do you know why your state doesn't seem to recognize Enrolled Agents along with CPA's and lawyers as it applies to this new legislation?

a) Because NY wants the money

b) Because the NY CPAs and Attorneys already pay a fee.

c) Because the EAs don't have a strong lobby

d) Because NY wants the money

e) All of the above

[S T]

NY Reg

I don't think NY can get their "act together"
The screens and links (at least for me since Nov 09) seem to change
I was finally successful, but only with some assistance from our friends here at TB

PM me and I will share and see if I can assist.

For whatever it is worth, I found the registration on Federal E-Services a "whole lot easier" and less frustrating, than the NY Registration!

Sandy

[FEDUKE404]

Process may work better now?

I tried to register earlier today and could not get past the first screen (no pull down menu - and I of course have no NY income). When I called the help number, someone in NY told me they were "working on the software."

S L and I exchanged a couple of messages, and she provided me with info that took me to the same place I had visited earlier. This time it worked (~ 6 pm EST).

I agree - seems like a lot of stuff to go through just for a number to file some NY returns, but at least I'm good now through 12/31/2010.

If you had problems, you may wish to try again - you might obtain better results.

FE

[JCH]

My apologies, Uncle Sam. I meant no harm. As an Enrolled Agent from a state outside of New York who prepares a handful of NY returns, it's a frustration. I realize I'm not the first to voice this frustration. I'm sure you and others having been working hard to rectify this legislation.