Question for New York Preparers

[WhiteOleander]

I only prepare one or two returns for New York. I do register each year as required. I received this email from them this year. To me, it is talking in circles. It appears that I don't have to do any cont. ed. But if I do the required cont ed, I will get a certificate that says I am authorized. Anyone have any input?

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The New York State Department of Taxation and Finance (DTF) promulgated new regulations (http://www.tax.ny.gov/tp/reg/regulations.htm ) this year that require commercial tax return preparers who will prepare New York State personal income tax returns to complete continuing education requirements. You have been identified as a person who is paid to prepare these returns. The amount of required continuing education is based upon your experience.

- If the number of income tax returns you were paid to prepare is LESS THAN TEN during any of the last three years, you must complete 16 HOURS of continuing education coursework by December 31, 2015 and FOUR HOURS of coursework in 2016 and each year after that.

- If the number of income tax returns you were paid to prepare was TEN OR MORE during each of the last three years, you must complete FOUR HOURS of continuing education coursework by December 31, 2015 and each year after that.

According to our records, you are not required to complete continuing education coursework. However, if you choose to complete the 16 HOURS of coursework by December 31, 2015, your 2016 Tax Preparer Registration Certificate will indicate that you are authorized to prepare New York State personal income tax returns.

If you intend to prepare TEN OR MORE New York State personal income tax returns during 2015, then you MUST complete continuing education coursework. If you did not prepare TEN OR MORE New York State personal income tax returns during each of the last three years, you must complete 16 HOURS of continuing education coursework by the end of December 2015, and FOUR HOURS of continuing education each year after that. If, however, you did prepare TEN OR MORE New York State personal income tax returns during each of the last three years, then you are required to complete FOUR HOURS of continuing education coursework by the end of December 2015, and FOUR HOURS of continuing education coursework each year after that.

Thanks

[Nashville]

Run Interference

Oleander if you still work for HRB, can they not run interference for you as an out-of-state preparer?
I'm sure HRB offices in NY are having to deal with this, but what about your office?

I know I didn't answer the question, but I can't see NY ganging up on all preparers coast-to-coast who are
doing non-resident returns Often the best way to get rid of a stupid law or regulation is to try and enforce it.

[David1980]

It makes sense, but is confusing. If that makes sense.

If you INTEND TO PREPARE ten or more NY state personal income tax returns in 2015, you must complete continuing education. If you prepared less than ten DURING ANY OF THE LAST THREE YEARS, you must complete 16 hours by Dec 31, 2015 and 4 each year after that. If you prepared ten or more during EACH OF THE LAST THREE YEARS, you must complete 4 hours by Dec 31, 2015 and each year after.

The requirement is based on what you expect to preparer during 2015 - if you're under 10 no CE required. If more than 10 in 2015, then the amount of hours needed depends upon the number of returns done in prior years.

[WhiteOleander]

Thanks for the input.

Nashville,
I work in a franchise office. We have to register for ourselves. I don't know how it works in the company offices. Not all the preparers in our office register with NY. So, if a NY return has to be done, only certain preparers can do the return. Our software won't even allow them to pull up the NY return.

In the letter it states that their records show that I am not req'd to to do the cont ed. BUT if I do, I will get some nifty certificate. If I don't have to do the Cont ed, I'm not going to.

[Nashville]

Curriculum Question

...and I'm not sure anyone outside of the Northeast can answer.

If they are asking for CE that you have to do anyway, that sounds like something do-able.

The real question is if they are requiring State of NY curriculum to be absorbed as part of the requirements. Might be tough
in Texas to find a seminar where NY taxation is presented as part of their 16 hrs.

[New York Enrolled Agent]

Thanks for the input.

Nashville,
I work in a franchise office. We have to register for ourselves. I don't know how it works in the company offices. Not all the preparers in our office register with NY. So, if a NY return has to be done, only certain preparers can do the return. Our software won't even allow them to pull up the NY return.

In the letter it states that their records show that I am not req'd to to do the cont ed. BUT if I do, I will get some nifty certificate. If I don't have to do the Cont ed, I'm not going to.

WO

Become an EA - enrolled agents are exempt from all this hassle.

[WhiteOleander]

WO

Become an EA - enrolled agents are exempt from all this hassle.

I am an EA, Since 1998.

[Lion]

A New Yorker told me that the NY courses will be taught around the state and online. You have to take their courses. He also said that as under the old regs, CPAs, EAs, and tax attorneys (?) are exempt and not included with the "commercial" tax preparers covered by the new requirements. (I'm preparing extended returns and arguing with Dell to fix my computer, so haven't read NY's new regulations yet.)

[Uncle Sam]

Question for New York Preparers

I would like to add to New York Enrolled Agents post-
For those of you who are continually concerned about New York's
rules for tax practitioners -who are EAs, CPAs, or both -
why not become a member of NYSSEA and you'll continually
be in the loop as to how these rules effect you.
NYSSEA in the past couple of years has made tremendous
progress in acquainting members the legislature, and the
various inner departments of the Department of Taxation & Finance
of its existence and how tax policies effect the taxpaying public as
well as the tax practitioner community.
As a state affiliate of NAEA, you can join through NAEA at

https://www.naea.org