Massachusetts / Rhode Island NATP ChapterOn by
What do CT actually do? They buried the idea of licensing taxes prepared in CT Public Act No, 17-147 (7/7/2017) when previously launched legislation didn’t complete. Sec. 15(a) provides definitions. Under 15(a) (6), a Person means any “individual, relationship, company, limited responsibility company, private or public corporation, culture, association, trustee, executor, administrator, or other fiduciary or custodian.” See CT Ch. 201, Title 12, Sec. 12-1 of the general statutes.
Defines “Return” as you from the personal tax, either federal or state. Defines “Tax Preparation Services” as meaning preparing or helping in the preparation of another person’s personal income tax return, either federal government or condition, for a fee or other factor. So, a bit is had by us of a contradiction here.
A taxes preparer can be an individual (person is NOT described in the Act) who prepares personal income tax returns. Tax preparation services is the preparation of another person’s personal tax return. A return is an individual income tax come back. The Act goes to great size to specify “person” as just about everybody and everything, but the personal tax return appears to send and then the federal 1040 or the CT 1040 specific tax returns. 500 for each violation. Sec. 16(a) identifies a “commercial tax return planning business” as a person (again, the expansive description) that uses taxes prepared (defined as individuals). Sec. 16(b) (2) pieces out requirements for a “permit.
2, 2020, a qualification of completion of an IRS AFSP of professional education. Notice that I have mentioned only certain requirements for individuals who apply. Your Editor has not mentioned commercial taxes return preparation businesses or other “persons” because there are no procedures for issuing permits to them, and the (b) (2) requirements don’t appear to be suitable or appropriate for any non-individual candidate. So, is it only individuals (not defined in the statute) who’ll be permitted? Apparently, the language of Sec.
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A statute, taking baby steps, unsure of what it wants to do or whom it wants to permit. 100 for every day in violation. 500 civil penalty for employing someone who should have a permit but who does not. Licensed accountants in CT; accountants licensed or credentialed by another state or jurisdiction. Employees of or assistants to tax preparers or other people who are exempt. Individuals who provide taxes planning services solely for his or her employer. A person acting as a fiduciary with respect to an estate. Think about a fiduciary for a trust (the statute is silent)?
Now, the big question is whether or not out-of-state taxes preparers must register and/or otherwise comply with the Act. Sec. 16(b) (1) appears to need a permit in order to furnish taxes planning services (it doesn’t say CT tax preparation services, although this may be a correct reading of the Act).
Again, a statute aiming to take one or two baby steps and determine what it wants to do and exactly how it desires to do it. Finally, what goes on if there is an alleged violation of the Act. Who charges the average person; what exactly are his/her rights; what is the appeal process, etc. There is absolutely no regulatory Board.
Apparently, the continuing state income department is in charge. I don’t see any provision in the Act for statutory regulations, so how does one fix the inevitable deficiencies which will arise? The department of income will draft opinion letters Perhaps? What kind of education is necessary (“satisfactory to the commissioner”)? We don’t know. Nor is a deadline for having this process set up there. The list goes on and on.
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