Understanding CPA Communication Privileges in Tax Practice

Wednesday, September 29, 2021
Webcast or Webinar, Online
1:00 PM - 2:50 PM (opens at 12:30PM) EST
2Credits
Technical Business

Registration is Closed

Online registration for this course is now closed. Please contact the Member Service Center at (800) 342-3197 if you wish to inquire about registering.

Members
$79.00 Regular Price
Non-Members
$109.00 Regular Price
Course Type: Webcast
Course Code: 21/09597450
Level: Advanced
Vendor: California CPA Education Foundation
Field of Study: Taxes

Overview:

An overview of confidentiality privileges that shield taxpayer communications with their non-attorney tax professional from discovery by the Federal government in tax controversy matters. Taxpayers are entitled to assert confidentiality privilege under Internal Revenue Code Section 7525 similar to the common law attorney-client privilege with respect to communications with CPAs and Enrolled Agents. Also, some taxpayer communications with any expert, including CPAs and Enrolled Agents, enjoy privilege protection from discovery by the government under the "work product" doctrine. Additionally, communications between clients, attorneys, CPAs and Enrolled Agents may enjoy privilege protection under the "Kovel" judicial doctrine when the professional is retained to assist an attorney. Significant limitations attached to non-attorney privileges are critical for tax professionals to understand. Further, to avoid compromising a taxpayer communicating with an expectation of privilege that will not withstand challenge. Presented from the perspective of a non-attorney tax professional with experience in addressing each of the privilege issues in tax practice.

Objectives:

Recognize the nature of the common law attorney-client privilege including the various issues surrounding "waiver" of the privilege. Identify the nature of protected communications between taxpayer clients and the non-attorney Federally Authorized Tax Practitioner. Determine the significant limitations with regard to each of the respective privileges. Obtain an understanding of how to handle privileged communications from a documentation standpoint.

Major Topics:

The Federally Authorized Tax Practitioner (FATPs) Understanding the attorney-client privilege The Section 7525 Statutory Privilege and Limitations The Work-Product Doctrine and Privilege and Limitations Kovel Engagements and Limitations

Designed For:

CPAs, EAs, and other tax return preparers.

Prerequisite:

Tax practitioners with two years experience and a working knowledge of the AICPA Statements on Standards for Tax Services and IRS Circular 230.