PTIN CD for Sale

[Nashville]

I've been told that the IRS will sell to ANYONE a CD with the e-mail address of every registered PTIN on record. Price is $35.

Anyone know whether this is true? If so, we should all write our congressmen.

Boy, that'll show 'em, won't it...

[KBTS]

It's true and here is the link:

http://www.irs.gov/foia/article/0,,id=245233,00.html

No wonder I get so much junk mail and email from companies.

[Lion]

Changes

Some time ago I received an email, maybe an e-newsletter from a trade org, reminding me I could make changes to my contact information...

[taxea]

I am emailing my liaison about another issue and will include this if you will let me know what your concern/s are.
I don't know if PTIN info is public information or covered by FOIA.

PLS EMAIL me at taxeea@hawaii.rr.com

[Gary2]

Curiously, the FAQ at http://www.irs.gov/taxpros/article/0,,id=239679,00.html says, on the one hand, that the FOIA makes it public, but on the other hand, points to a privacy policy that says it's confidential under the Privacy Act.

I would think the concerns are obvious.

[taxea]

"I would think the concerns are obvious."

They would be if I could read your mind. Generally speaking yes, but are they your concerns?

[Gary2]

They would be if I could read your mind. Generally speaking yes, but are they your concerns?

Let's see. There's unwanted junk mail, consuming my time and forcing me to get another recycling bin. There's unwanted phone calls (by small companies who ignore do-not-call-list laws), filling up my voice mail and causing me to lose important message.

And the worst are disgruntled clients who blame their tax preparer for their negative audit results because they can't get past the metal detectors at the IRS office.

Of course, just the idea of the IRS getting away with violating the Privacy Act, because no single individual can afford to litigate it, is a philosophical concern.

[Koss]

PTIN List

This doesn't really come as a surprise. They've been talking about a public database of enrolled agents for a long time. Now, with the new regulatory scheme, the PTIN is what identifies you as a legitimate return preparer. Enrolled agents are just a subset.

For many years now, there's been an area on the IRS website where you can search for an ERO by zip code. That's a little different, but it's the same concept.

I don't see this as a violation of the Privacy Act. The Privacy Act addresses, among other things, what the IRS does with the information you give to the IRS. It says that the IRS must tell you how they are going to use the information, whether you are required to provide the information, and what happens if you fail to provide it. The Privacy Act does not say that they cannot give the information to anyone else.

There are other laws that govern what information the IRS can give out to the public. The Privacy Act merely interacts with these laws. The Privacy Act is not a blanket piece of legislation that prevents the IRS from ever giving out any information to the public or a third party. For example, tax returns of exempt organizations are available for public inspection. PTIN data falls into the same category.

The next time you're at the pharmacy or the doctor's office, take the time to read their privacy policy. If you can actually find a copy. Many doctor's offices ask you to sign something saying that you had the opportunity to read it, but they don't give you the policy itself unless you ask for it.

Read it carefully. It doesn't say that they won't give out your confidential health care data. It says that they will give your data to about a dozen different third parties, as permitted by law. Your insurance company is at the top of the list. Next come federal, state and local health departments (to whom they have to report certain highly communicable diseases, such as tuberculosis), and then law enforcement.

I can go to the state licensing authorities and get a list of everyone in my state who holds a license to practice medicine. And it will contain whatever professional address they have on file. Same goes for attorneys, CPAs, chiropractors, dentists... And barbers. And hairstylists. And so on.

Why should we expect anything different?

We're practicing a licensed profession. The list of licensees is public.

This isn't going to change.

So you work from home. Or you work seasonally for an outfit like HRB, and you can't use your office address to receive correspondence from the IRS. And you don't want your home address published like this.

You'll need to get a post office box or something.

When you hold a professional license, you give up some privacy.

A lawyer who is "between jobs" would have the same issue. She would want to keep her law license active, but without an office, her home address would become public.

BMK