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Circular 230

Circular 230 contains the regulations governing practice before the IRS, including rules of conduct for attorneys, CPAs, enrolled agents, and other authorized practitioners.

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Explanation

Circular 230 establishes duties such as exercising due diligence, not charging unconscionable fees, promptly returning client records, and not providing frivolous tax positions. Practitioners must have a reasonable basis for tax return positions and a reasonable belief that a position is more likely than not to be sustained for purposes of avoiding penalties. Written tax advice must consider all relevant facts, not assume favorable resolution of factual issues, and not take into account the possibility of audit.

Key Points

  • Governs all practitioners before the IRS (CPAs, attorneys, enrolled agents)
  • Tax return positions require a reasonable basis to avoid preparer penalties
  • Practitioners must exercise due diligence and not charge unconscionable fees

Exam Tip

Circular 230 requires that written tax advice must not assume favorable resolution of issues and must not rely on the likelihood of audit as a factor.

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