Circular 230 Best Practices



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circular 230 best practices


§10.28 – Return of
Client Records
• Practitioner must promptly return all records of the client, even if a fee dispute exists
– Unless State law permits retention
– But, even then, the records must be returned if required to be attached to the tax return
– Must allow client access to review and copy records necessary to comply with their Federal tax obligations
– May retain copies of client records


§10.28 – Return of Client
Records Records of the Client Records that preexisted the engagement of practitioner, Prepared by client or others at anytime, or Prepared by the practitioner and presented to client if necessary for client to comply with Federal tax obligations. NA to returns, schedules, etc. prepared by the practitioner being withheld pending a fee dispute


§10.29 – Conflict of Interest
• Practitioner may not represent a client before the IRS if the representation involves a conflict of interest
• Conflict of Interest exists if
– Representation is directly adverse to another client
– Significant risk that representation will be materially limited by the practitioners responsibilities to another client, a former client or a personal interest of the practitioner


§10.29 – Conflict of
Interest
• Notwithstanding a conflict of interest, the practitioner may represent a client if
– Reasonable belief you are able to provide competent and diligent representation,
– Representation is not prohibited bylaw, and
– Written, informed waiver of the conflict by each affected client signed no later than 30 days after conflict is known by the practitioner
– Must retain consent for 36 months


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