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Improper use of RTRP designation

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    Improper use of RTRP designation

    The IRS position is clear on this:

    4. When can I use the Registered Tax Return Preparer designation? (posted 11/9/11)

    You can use the Registered Tax Return Preparer designation when you receive the Registered Tax Return Preparer certificate from the IRS. Once you become a Registered Tax Return Preparer, you must display the following disclaimer in any paid advertising involving print, television or radio, in which you represent yourself as a Registered Tax Return Preparer:

    “The IRS does not endorse any particular individual tax return preparer. For more information on tax return preparers go to IRS.gov.”
    Here's the link:



    As noted in an earlier thread, those who have taken the exam have not yet received results. So it appears that no one can use the RTRP designation at this time.

    However, anyone with a valid provisional PTIN is authorized to prepare returns, since they don't have to pass the test until the end of 2013. And these preparers are subject to the continuing education requirements.

    Although the language cited above is very clear, the IRS has nevertheless managed to create some confusion. Those with a provisional PTIN are, in some general sense, "registered" with the IRS.

    My gut feeling is that if a formal complaint is filed about someone using the RTRP designation improperly, the IRS is going to be fairly lenient. And I think they should. They should issue a simple warning letter, and if the tax pro complies by removing the designation from any advertising or printed matter, the case should be closed.

    In an earlier thread, ruthc wrote:

    I have been trying to locate the phone number or email address to report this situation and have been unable to find either. Any help on this? Thanks
    If you run across one of these cases, rather than filing a formal complaint with the IRS, it might be more effective if you just send the tax pro a letter or an e-mail, and cite the rules from the IRS website, which I quoted above.

    If you really want to file a complaint with the IRS, you can use Form 14157. It has a box you can check to report "misrepresentation of credentials."

    Here's the link:



    But I would urge restraint in the use of this form. Some professional associations have raised serious concerns about this form, because the IRS allows the form to be submitted anonymously.

    Personally, I'm not that concerned. There is a constitutional right to due process. The IRS isn't going to take disciplinary action against a tax pro just because someone sends in a form. They have to conduct an investigation, and they have to have evidence.

    A tax pro who is improperly using RTRP after their name might actually thank you if you just tell them, in a nonconfrontational way, that they can't do that and that they might get into trouble.

    You might consider sending them an anonymous e-mail message with a link to the IRS website above.

    You do have an e-mail account on Yahoo, or gmail, or MSN Hotmail, that does not contain your real name...

    Right?

    BMK
    Last edited by Koss; 02-09-2012, 01:16 PM.
    Burton M. Koss
    koss@usakoss.net

    ____________________________________
    The map is not the territory...
    and the instruction book is not the process.
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