Who Circular 230 covers
Circular 230 governs practice before the IRS by attorneys, CPAs, enrolled agents, enrolled actuaries, and enrolled retirement plan agents. "Practice" means communicating with the IRS on a taxpayer's behalf — representation, correspondence, filing documents — and includes preparing and filing returns.
Core duties
- Due diligence — in preparing returns, in determining the correctness of representations to the IRS and to clients
- Reliance on others — permitted if reasonable care is used in engaging, supervising, and evaluating the person
- Prompt disposition of pending matters; no unreasonable delay
- Return client records on request — even if fees are unpaid (state law may allow retaining the practitioner's own work product)
- Notify the client of errors or omissions discovered on a filed return and the consequences — but the practitioner may not notify the IRS without client consent
IMPORTANT: When a practitioner discovers a client error, the duty is to inform the client — not to correct it unilaterally, not to inform the IRS, and not necessarily to resign. If the client refuses to correct a material error, the practitioner should consider whether to continue the relationship.
Fees
| Fee type | Permitted? |
|---|---|
| Unconscionable fee | Never |
| Contingent fee for preparing an original return | Not permitted |
| Contingent fee for an amended return / refund claim filed within 120 days of a written IRS examination notice | Permitted |
| Contingent fee for an IRS examination, judicial proceeding, or claim for interest/penalty refund | Permitted |
Conflicts of interest
A conflict exists if representing one client is directly adverse to another, or if there is a significant risk that representation will be materially limited. Representation may continue only if the practitioner reasonably believes competent representation is possible, it is not prohibited by law, and each client gives informed written consent — retained for at least 36 months.
EXAM TIP: Distinguish Circular 230 (IRS discipline: censure, suspension, disbarment, monetary penalty) from the AICPA Statements on Standards for Tax Services (professional standards) and from the IRC preparer penalties (§6694 and friends). Questions often set up which body's rules apply.