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From: taxchat@yahoogroups.com [mailto:taxchat@yahoogroups.com] On Behalf Of Benita Myers
Sent: Friday, December 05, 2008 2:08 PM
To: taxchat@yahoogroups.com
Subject: Re: [taxchat] 7216So I take this to mean, a tax preparer such as myself, who offers no Bank products, or financial services, does not need to get this signed...All I do is tax prep, audit and collection representation and tax planning...I do not sell anything of a financial or insurance nature...So I can pass on this, am I correct?
On Wed, Dec 3, 2008 at 12:03 PM, <bobva@aol.com> wrote:
Drake has included the form to comply with IRS reg 7216 as part of the software this year. It has to be printed and signed before starting on the tax return. I went to a Drake update seminar and there is very specific language that has to be included on the Use and Disclosure form. As soon as I load the software I'll scan and post a copy.In a message dated 12/3/2008 2:46:03 P.M. Eastern Standard Time, mwolfso@optonline.net writes:
Form 7216? Or is it Sec 7216 of the IRC? If there is such a form, perhaps you can scan and post a copy. My understanding is that you need to get the disclosure release signed prior to working on the tax return.
From: taxchat@yahoogroups.com [mailto:taxchat@yahoogroups.com ] On Behalf Of James Ries EA
Sent: Wednesday, December 03, 2008 12:51 PM
To: taxchat@yahoogroups.com
Subject: Re: [taxchat] 7216
I think this new law starting Jan 1, has not been widely publicized among tax preparer. It is important since it is a criminal law with a maximum penalty of up to one year impresonment and/or fine of up to $1000 PLUS a civil penalty.You can not use tax return information for any purpose other than the preparation and filing of the return and/or disclose tax information to any 3rd party without written permission from the taxpayer.According to SBBT you need prior written authorization to offer bank products on Form 7216 (permission to use). This authorization is need before the return is completed. Once you have permission you can use the refund information and offer the option of bank products. If the client agrees to a bank product you need to have them sign a Form 7216 (permission to disclose) to be able to disclose tax information to the bank so they can do what they need to do. This must be done before the return is transmitted.However this also applies to any services you offer other than tax preparation. If a client come in financial or retirement planning, you need their written permission if you are going to look at their tax information. This applies to anything not related to the preparation and filing fo their return.You also need their written permission to disclose information to 3rd parties. This permission need very specific language. No more generic premission form from banks and attorneys.I hope they come with more clarification on the details.James Ries EA
Enrolled to Represent Taxpayers before the Internal Revenue Service
Confidentiality Notice: This e-mail, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.
IRS Circular 230 Disclosure: Unless expressly stated otherwise in this transmission, any tax advice contained herein, forwarded with or attached to this message was not and is not intended to be used, nor may it be relied upon or used, by any taxpayer for the purpose of (1) the avoidance of any tax-related penalties under the Internal Revenue Code or applicable state or local tax law provisions, or (2) promoting, marketing or recommending to another party any tax transaction or tax-related matters that may be addressed herein.----- Original Message -----From: Donna J. PerroneSent: Tuesday, December 02, 2008 4:28 PMSubject: [taxchat] 7216
I have been reading that we have to have our clients sign a form allowing for disclousure of their tax information. I offer bank products thru SBBT and they state that there will be 2 forms the clients must sign, one to release info to the banks and another for something else.It almost sounded like we have to have ALL clients sign this new disclousure form, whether or not they use bank products. Plus, a copy of that signed document must be kept in our files, either stored electronically or on paper.Has anybody read anything about this or know what they are talking about?Donna J. Perrone, EAEast Haven, CT203-469-4939203-468-2038 faxIRS Circular 230 Disclosure: Unless expressly stated otherwise, any tax advice contained herein, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (1) avoiding tax-related penalties under the Internal Revenue Code or applicable state or local tax law provisions, or (2) promoting, marketing or recommending to another party any tax-related matters addressed herein.
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Benita Myers, Enrolled Agent
Office and Fax: 916-691-6715
IRS Circular 230 Disclosure: Unless expressly stated otherwise in this transmission, any tax advice contained herein, forwarded with or attached to this message was not and is not intended to be used, nor may it be relied upon or used, by any taxpayer for the purpose of (1) the avoidance of any tax-related penalties under the Internal Revenue Code or applicable state or local tax law provisions, or (2) promoting, marketing or recommending to another party any tax transaction or tax-related matters that may be addressed herein.
IRS Circular 230 Disclosure: Unless expressly stated otherwise in this transmission, any tax advice contained herein, forwarded with or attached to this message was not and is not intended to be used, nor may it be relied upon or used, by any taxpayer for the purpose of (1) the avoidance of any tax-related penalties under the Internal Revenue Code or applicable state or local tax law provisions, or (2) promoting, marketing or recommending to another party any tax transaction or tax-related matters that may be addressed herein.
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