Free IRS Enrolled Agent SEE Part 3 (Representation, Practices and Procedures) Formula and Limits Sheet (2026)

Every EA Part 3 formula you need on the test, grouped by topic, rendered with full math notation. 102 formulas across 4 topics, calibrated to the 2026 syllabus. Free forever, no signup required.

102 Items
4 Topics
2026 Syllabus
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All EA Part 3 Formulas

Practices and Procedures 13 items
Section 10.50 monetary penalty cap on a practitioner
Pmax=GP_{max} = G — P_max = maximum monetary penalty under §10.50, G = gross income the practitioner derived (or would have derived) from the prohibited conduct
Enrolled agent triennial continuing education requirement
CEcycle=72CE_{cycle} = 72 hours with CEyear16CE_{year} \geq 16 and Ethicsyear2Ethics_{year} \geq 2 — totals over a 3-year enrollment cycle
Section 10.27 contingent-fee 120-day window for audit-triggered amended return
tfiletnotice+120 dayst_{file} \le t_{notice} + 120 \text{ days}. §10.27 permits a contingent fee on an amended return or refund claim only if it is filed within 120 days of the written IRS exam notice, a narrow exception to the contingent-fee ban.
Section 10.30 direct uninvited solicitation retention period
tretainendtsent+36 monthst_{retain\,end} \ge t_{sent} + 36 \text{ months} — t_sent = date solicitation (or radio/TV recording) was sent or aired; copy plus recipient list must be kept through this date
Section 10.34 substantial authority threshold for an undisclosed position
P(position sustained on merits)40%P(\text{position sustained on merits}) \gtrsim 40\% — weight-of-authority support required to sign an undisclosed ordinary return position
Section 10.34 reasonable basis threshold with Form 8275 disclosure
P(position sustained on merits)20%P(\text{position sustained on merits}) \gtrsim 20\% — minimum support for a disclosed ordinary position on Form 8275 or 8275-R; non-frivolous
Section 6662 gross valuation misstatement penalty
P=0.40×UP = 0.40 \times U when claimed value 2×\geq 2 \times correct value — P = penalty, U = underpayment from the overstatement
Section 10.62 OPR complaint answer deadline
tanswer=30 days from servicet_{answer} = 30\text{ days from service} — t_answer = deadline to file written answer to OPR complaint; failure to answer is deemed admission of all alleged facts
Section 7201 criminal tax evasion maximum penalty
Imprisonment5 years, Fine$100,000 ($500,000 corp)\text{Imprisonment} \leq 5\text{ years},\ \text{Fine} \leq \$100{,}000\ (\$500{,}000\text{ corp}) — felony willful evasion of tax known to be owing
Section 10.50 disbarment minimum reinstatement waiting period
tmin=5 yearst_{min} = 5\text{ years} — t_min = earliest a disbarred practitioner may petition for reinstatement under §10.81; OPR must affirmatively find rehabilitation
Section 6695 paperwork penalty per failure and annual cap (2025)
$60\$60 per failure, capped at $31,500\$31{,}500 per year. Covers §6695(a)-(e): furnish copy, sign, PTIN, retain copy or list, §6060 employee list
Section 6701 aiding and abetting understatement of tax liability penalty
$1,000\$1{,}000 per document, $10,000\$10{,}000 if related to a corporation return. No statute of limitations on assessment
Section 6696(c) prepayment deposit to halt collection of a preparer penalty
D=0.15×PD = 0.15 \times P, paid within 30 days with Form 6118. D = deposit, P = assessed penalty. Suspends collection of remaining 85% during refund proceeding
Representation Before the IRS 17 items
Allowable out-of-pocket health care expense under IRS Collection Financial Standards
E=max(actual,national standard)E = \max(\text{actual}, \text{national standard}) — E = allowable monthly health care expense
Reasonable collection potential for an Offer in Compromise
RCP=NRE+FIRCP = NRE + FI — NRE = net realizable equity in assets, FI = future income component over the offer period
Form 2848 line 7 taxpayer signature validity window
DfileDsign+45 daysD_{file} \le D_{sign} + 45 \text{ days} — D_sign = taxpayer signature date on Part I, D_file = date IRS receives Form 2848
Section 6511 refund claim filing deadline
deadline=max(filing date+3 yr, payment date+2 yr)\text{deadline} = \max(\text{filing date} + 3\text{ yr},\ \text{payment date} + 2\text{ yr}) — later of two windows controls
Section 6502 IRS collection statute expiration date
CSED=assessment date+10 years\text{CSED} = \text{assessment date} + 10 \text{ years} — CSED = collection statute expiration date for assessed tax
Section 6213(a) Tax Court petition filing deadline
deadline=CP3219A date+90 days\text{deadline} = \text{CP3219A date} + 90 \text{ days} (150 if addressed abroad) — only the statutory notice starts the clock
Maximum cancellation of debt income excluded under section 108 insolvency
Excluded COD=min(I, COD)\text{Excluded COD} = \min(I,\ \text{COD}) — I = insolvency amount immediately before discharge, COD = cancellation of debt income from the event
IRC section 108 insolvency amount immediately before debt discharge
I=LFMVassetsI = L - FMV_{assets}, measured immediately before discharge with the canceled debt included in L — L = total liabilities, FMV = fair market value of all assets
Maximum refundable additional child tax credit per qualifying child (2025)
R=min(ACTC earned,$1,700)R = \min(\text{ACTC earned}, \$1{,}700) — R = refundable portion per child; full CTC is $2,000 with $1,700 ACTC refundable cap
Annual capital loss ordinary income offset cap
O=min(L,$3,000)O = \min(L, \$3{,}000) — O = ordinary income offset, L = net capital loss for the year; excess carries forward indefinitely
Business standard mileage deduction (2025)
D=M×$0.70D = M \times \$0.70 — D = mileage deduction, M = substantiated business miles driven during 2025
US Tax Court small tax case (Summary Opinion) eligibility ceiling
Amount in dispute per tax year$50,000\text{Amount in dispute per tax year} \leq \$50{,}000 — election irrevocable, opinion non-precedential, no appeal by either party
Foreign earned income exclusion 2025 under IRC §911
FEIE2025=$130,000 per qualifying individual\text{FEIE}_{2025} = \$130{,}000 \text{ per qualifying individual} — requires tax home abroad plus bona fide residence or physical presence test
Temporary Treasury regulation maximum effective period under IRC §7805(e)
tmax=3 years from date of publicationt_{\max} = 3 \text{ years from date of publication} — temporary regs automatically expire at 3 years; must be issued simultaneously as proposed
Section 6707A reportable transaction failure-to-disclose penalty
P=0.75×BP = 0.75 \times B, capped $10K/$50K non-listed (ind/entity) or $100K/$200K listed — B = tax benefit, min $5K ind / $10K entity
Section 6511(b)(2) refund lookback amount cap
Rmax=tax paid within lookback windowR_{\max} = \text{tax paid within lookback window} — lookback = 3 years + filing extension if return filed timely; 2 years from payment if no return filed
Section 6532(a) refund suit filing deadline
Dfile=Ddisallowance+2 yearsD_{\text{file}} = D_{\text{disallowance}} + 2\text{ years} — D_disallowance = date of IRS notice disallowing the refund claim
Specific Areas of Representation 15 items
CSED tolling period during a pending offer in compromise
T=P+30 daysT = P + 30 \text{ days} — T = total CSED tolling period, P = period the OIC is pending plus any appeal time under §7122(g)
Section 6511 refund claim statute of limitations
Deadline=later of(filing date+3 yr, payment date+2 yr)\text{Deadline} = \text{later of}(\text{filing date} + 3\text{ yr},\ \text{payment date} + 2\text{ yr}) — filing date = date original return filed or due date, payment date = date tax was paid
CSED tolling period during a pending installment agreement
T=P+30 daysT = P + 30 \text{ days} — T = total CSED tolling period, P = period the IA request is pending, in effect, or being appealed under §6331(k)
Section 7491 burden-shift entity size eligibility
NW$7,000,000NW \le \$7{,}000{,}000 and E500E \le 500 — NW = entity net worth, E = number of employees; both conditions must hold to qualify for the shift
Section 6334 books and tools of trade exemption from levy (2025)
Exempt=$5,690\text{Exempt} = \$5{,}690 — books and tools necessary for the taxpayer's trade or business
Section 7609 third-party summons petition-to-quash deadline
D=N+23 daysD = N + 23\ \text{days} — D = last day to file petition to quash, N = date IRS mails notice of third-party summons to the taxpayer
Daily-compounded IRS underpayment interest under section 6621
I=P×(1+r/365)dPI = P \times (1 + r/365)^d - P — P = unpaid principal, r = annual rate (federal short-term + 3% for non-corporate), d = days outstanding
Combined failure-to-file and failure-to-pay rate per month during overlap
R=4.5%+0.5%=5.0%R = 4.5\% + 0.5\% = 5.0\% per month — FTF (§6651(a)(1)) reduced from 5.0% to 4.5% in any month FTP (§6651(a)(2)) also accrues under §6651(c)(1)
Section 6404(g) interest and penalty suspension trigger period
T=36 monthsT = 36 \text{ months} — measured from timely filing of an individual income tax return; if IRS fails to send notice of liability, interest suspends until 21 days after notice
IRS Appeals small case request threshold per tax period
adjustments$25,000\text{adjustments} \le \$25{,}000 per tax period — formal written protest required above this; small case request allowed at or below
General assessment statute of limitations under IRC §6501(a)
SOLassessment=3 years from filing dateSOL_{assessment} = 3 \text{ years from filing date} — extends to 6 years for substantial omission and is unlimited for fraud or unfiled returns
CP-2000 response window for taxpayers outside the United States
response window=60 days from notice date\text{response window} = 60 \text{ days from notice date} — versus 30 days inside the US; one 30-day extension typically granted by phone
Pub 5 small case request dollar ceiling per tax period
Form 12203 eligible if A$25,000\text{Form 12203 eligible if } A \leq \$25{,}000 — A = disputed amount per tax period; A > $25,000 requires a formal written protest with all 8 Pub 5 elements
Tax Court petition deadline for a deficiency notice addressed outside the United States
D=M+150 daysD = M + 150 \text{ days} — D = jurisdictional petition deadline, M = date the IRC §6212 statutory notice of deficiency was mailed (IRC §6213(a))
Letter 525/950 30-day Appeals request deadline
D=M+30 daysD = M + 30 \text{ days} — D = protest postmark deadline, M = date on the 30-day letter (Letter 525 individuals / Letter 950 businesses)
Filing Process 3 items
Records retention for a claim of loss from worthless securities
Retention=7 yearsRetention = 7\ years from later of return due date or filing date — applies under §6511 to records supporting worthless securities or bad debt deduction
E-file mandate threshold for a tax preparation firm under IRC §6011(e)(3)
Ncovered11N_{covered} \geq 11 per calendar year — N_covered = firm-wide count of Forms 1040, 1040-NR, 1040-SR, 1041, and 990-series returns expected to be filed
Asset basis records retention period under Reg 1.6001-1
Retention=life of asset+3 years after disposition\text{Retention} = \text{life of asset} + 3 \text{ years after disposition} — applies to property and securities cost-basis records supporting gain or loss reporting

EA Part 3 Limits and Thresholds

Practices and Procedures 15 items
A newly enrolled mid-cycle EA owes prorated 2 hours of CE per month of enrollment, plus 2 ethics hours each year.
AFSP participants may represent only before revenue agents, CSRs, and TAS, never before Appeals, Counsel, or Revenue Officers.
The EA exam route requires passing all 3 SEE parts within 2 years, then filing Form 23 with a $140 fee within 1 year of passing Part 3.
IRC §6702 imposes a $5,000 frivolous-return penalty applied per spouse on a joint return, so a joint frivolous 1040 triggers $10,000.
OPR sanctions escalate from censure to monetary penalty (capped at gross income from the conduct) to suspension (1-59 months) to disbarment with a 5-year reapply bar.
§10.30 limits EA self-descriptions to four phrases: Enrolled Agent, EA, Enrolled to practice before the IRS, and Enrolled to represent taxpayers before the IRS.
§6662 imposes a 20% accuracy penalty for negligence and 150%+ valuation misstatements, and 40% for gross valuation misstatements at 200%+ of correct value.
§6695 fixed penalties are $60 per failure for copy/signature/PTIN/recordkeeping, $635 per credit per return for due diligence, and $635 per refund check negotiated.
§6694(a) unreasonable position penalty is greater of $1,000 or 50% of fee; §6694(b) willful is greater of $5,000 or 75% of fee.
Section 7206 false return or aiding preparation is a felony with up to 3 years imprisonment and a fine of $100,000.
Section 6663 civil fraud penalty is 75% of the underpayment attributable to fraud while Section 6662 negligence is 20%.
An OPR complaint under Section 10.62 requires the practitioner to file an answer within 30 days or be deemed to admit all facts.
The §6060 employee record covers the 12-month return period ending June 30 and must be retained for 3 years after the close of that period.
Substantial understatement under §6662(b)(2) triggers for individuals when underpayment exceeds the greater of 10% of correct tax or $5,000.
The §6695(a)-(e) paperwork penalties carry a $60 per failure rate with an annual cap of $31,500, while §6695(f) and §6695(g) have no cap.
Representation Before the IRS 18 items
A representative may sign a taxpayer's return only for disease/injury, 60 days continuous U.S. absence before the due date, or specific written IRS permission.
Form 2848 line 3 may list future periods only if they end no more than 3 years after the IRS receives the form.
Streamlined installment agreements cover assessed balances of $50,000 or less paid within 72 months, with non-streamlined available up to $250,000.
The §6501 assessment statute is 3 years standard, 6 years for 25%+ gross income omission, and unlimited for fraud or unfiled returns.
§7201 tax evasion is a felony punishable by up to 5 years imprisonment and a fine of $100,000 ($500,000 corporate).
§6511 refund claims must be filed within the later of 3 years from filing or 2 years from payment, and §6502 collection runs 10 years.
OIC reasonable collection potential adds future monthly income times 12 for lump-sum offers and times 24 for periodic payment offers.
A lump-sum cash OIC must be paid in 5 or fewer installments within 5 months of acceptance to qualify for the 12-month RCP multiplier.
A guaranteed installment agreement under §6159(c) requires balance of $10,000 or less full payment within 3 years and timely filing for 5 years.
Under IRC §6103(e), Form 4506 obtains a paid full return copy while Form 4506-T obtains a free transcript.
For 2025 the CTC is $2,000 per child with $1,700 refundable as ACTC, phasing out above $200,000 single/$400,000 MFJ.
The 2025 business standard mileage rate for §274(d) listed-property substantiation is 70¢ per mile.
Under IRC §6110(k)(3), a PLR may not be used or cited as precedent by anyone other than the requesting taxpayer.
Temporary Treasury Regulations under IRC §7805(e) are effective immediately and binding for up to 3 years.
Form 8833 discloses a treaty-based return position under IRC §6114, with a $1,000 penalty per failure for individuals and $10,000 for C corporations.
A §7609 third-party summons requires notice to the named taxpayer within 3 days, and the taxpayer has 20 days to file a petition to quash.
§7602(c) requires at least 45 days advance written notice to the taxpayer before the IRS contacts third parties, with the notice period not exceeding 1 year.
The Tax Court Small Tax Case (S) election is available for deficiencies of $50,000 or less per year, with no appeal rights.
Specific Areas of Representation 15 items
A short-term IRS payment plan covers balances of $100,000 or less paid within 180 days with no user fee or financial disclosure.
Passport revocation under §7345 triggers at $62,000 (2025) of seriously delinquent tax debt, and the TFRP protest window on Letter 1153 is 60 days.
After OIC acceptance, the taxpayer must remain filing- and payment-compliant for 5 years or the full original liability is reinstated.
Form 12203 small case request applies when disputed tax per period is $25,000 or less; above that a formal written protest is required.
IRC §7491 shifts the burden to the IRS only if the entity has net worth under $7 million and 500 or fewer employees.
Under §6334 the 2025 levy exemption is $11,390 for fuel food furniture and personal effects and $5,690 for books and tools of a trade.
Failure-to-file is 5% per month capped at 25%, reduced to 4.5% per month when failure-to-pay also applies.
A section 6404(e) interest abatement denial may be appealed to Tax Court within 180 days under section 6404(h).
First-Time Abate requires 3 prior clean compliance years with all returns filed and tax paid or under installment agreement.
A Tax Court petition must be filed within 90 days of the statutory notice, or 150 days if the notice is addressed outside the US.
A formal written protest is required when proposed adjustments exceed $25,000 per year, with smaller cases qualifying for a small case request.
Letter 525 (general) is the 30-day letter offering Appeals, while Letter 3219 is the 90-day Statutory Notice of Deficiency under IRC §6212.
The Independent Office of Appeals is established under IRC §7803(e) and settles disputes on a hazards-of-litigation basis that the Revenue Agent lacks.
Under IRC §6213(a), the IRS is prohibited from assessing or collecting a proposed deficiency during the 90-day Tax Court petition window.
Form 870-AD signed at Appeals is a mutual concession that forecloses refund claims absent fraud, malfeasance, or material misrepresentation of fact.
Filing Process 6 items
Rejected e-filed returns require taxpayer notification within 24 hours and paper-filing fallback within 10 calendar days to preserve timely filing.
The FTC Safeguards Rule requires customer information to be disposed of no more than 2 years after the date of last use.
Under Reg §31.6001-1, employment tax records (Form 941, W-2, W-3) must be retained for 4 years after the tax becomes due or is paid, whichever is later.
The §6695(g) penalty for failing to e-file a covered return without a documented Form 8948 exception is $50 per return.
Form 8453 transmits paper attachments to the Austin processing center within 3 business days after the IRS acknowledges acceptance of the e-filed return.
The IRS-assigned anti-fraud IP PIN is 6 digits while the taxpayer-chosen Self-Select e-signature PIN is 5 digits.

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