EA Part 3 · Practices and Procedures · Free Lesson

Preparer Penalties: Negligence, Substantial Understatement, and IRC §6060

Free IRS Enrolled Agent SEE Part 3 (Representation, Practices and Procedures) lesson in Practices and Procedures. 29 min read, ~4,417 words.

A preparer who never signs a return, never keeps a copy, and never files the employee list still faces four separate penalties before the return's accuracy is ever examined.

A paid preparer can be penalized for two different kinds of failure. Conduct penalties look at how a position on the return was taken, such as claiming a deduction with weak support. Compliance penalties look at whether the preparer performed the mechanical duties that come with the job, such as signing returns and keeping copies. Both kinds can apply to one return.

The exam-tested preparer penalties sort into five groups:

These penalties apply to a "tax return preparer," so you need to know who fits the definition. A tax return preparer is any person who prepares for compensation, or employs others to prepare for compensation, all or a substantial portion of a return or refund claim.

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Common mistakes

Bottom line

Exam shortcut

Read the stem for a fee figure first. If the fee appears, the question is testing §6694 and you compare the percentage against the floor, never just multiply. Half the fee under $2,000 always loses to the $1,000 floor, and three-quarters of a fee under $6,667 always loses to the $5,000 floor. Count failures before you count returns.

The full lesson (about 4,417 words, 29 min read) adds 2 worked examples, all 6 common mistakes, a self-check, free in the app.

Learning objectives

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