What is an Enrolled Agent?
An Enrolled Agent (EA) is a federally-authorized tax practitioner who
has technical expertise in the field of taxation and who is empowered by
the U.S. Department of the Treasury to represent taxpayers before all
administrative levels of the Internal Revenue Service for audits,
collections, and appeals.
What does the term “Enrolled Agent” mean?
“Enrolled” means to be licensed to practice by the federal government,
and “Agent” means authorized to appear in the place of the taxpayer at
the IRS. Only Enrolled Agents, attorneys, and CPAs may represent
taxpayers before the IRS. The Enrolled Agent profession dates back to
1884 when, after questionable claims had been presented for Civil War
losses, Congress acted to regulate persons who represented citizens in
their dealings with the U.S. Treasury Department.
How does one become an Enrolled Agent?
The license is earned in one of two ways, by passing a comprehensive
examination which covers all aspects of the tax code, or having worked
at the IRS for five years in a position which regularly interpreted and
applied the tax code and its regulations. All candidates are subjected
to a rigorous background check conducted by the IRS.
How can Enrolled Agent help me?
Enrolled Agents advise, represent, and prepare tax returns for
individuals, partnerships, corporations, estates, trusts, and any
entities with tax-reporting requirements. Enrolled Agents’ expertise in
the continually changing field of taxation enables them to effectively
represent taxpayers audited by the IRS.
Privilege and the Enrolled Agent
The IRS Restructuring and Reform Act of 1998 allow federally authorized
practitioners (those bound by the Department of Treasury’s Circular 230
regulations) a limited client privilege. This privilege allows
confidentiality between the taxpayer and the Enrolled Agent under
certain conditions. The privilege applies to situations in which the
taxpayer is being represented in cases involving audits and collection
matters. It is not applicable to the preparation and filing of a tax
return. This privilege does not apply to state tax matters, although a
number of states have an accountant-client privilege.
Are Enrolled Agents required to take continuing professional
education?
In addition to the stringent testing and application process, the IRS
requires Enrolled Agents to complete 72 hours of continuing professional
education, reported every three years, to maintain their Enrolled Agent
status. NAEA members are obligated to complete 90 hours per three year
reporting period. Because of the knowledge necessary to become an
Enrolled Agent and the requirements to maintain the license, there are
only about 46,000 practicing Enrolled Agents. Our dinner events
are a great source for continuing education!
What are the differences between Enrolled Agents and other tax
professionals?
Only Enrolled Agents are required to demonstrate to the IRS their
competence in matters of taxation before they may represent a taxpayer
before the IRS. Unlike attorneys and CPAs, who may or may not choose to
specialize in taxes, all Enrolled Agents specialize in taxation.
Enrolled Agents are the only taxpayer representatives who receive their
right to practice from the U.S. government (CPAs and attorneys are
licensed by the states).
Are Enrolled Agents bound by any ethical standards?
Enrolled Agents are required to abide by the provisions of the
Department of Treasury’s Circular 230, which provides the regulations
governing the practice of Enrolled Agents before the IRS. NAEA members
are also bound by a Code of Ethics and Rules of Professional Conduct of
the Association.
Why should I choose an Enrolled Agent who is a member of the National
Association of Enrolled Agents (NAEA)?
The principal concern of the National Association of Enrolled Agents and
its members is honest, intelligent and ethical representation of the
financial position of taxpayers before the governmental agencies.
Members of NAEA must fulfill continuing professional education
requirements that exceed the IRS’ required minimum. In addition, NAEA
members adhere to a stringent Code of Ethics and Rules of Professional
Conduct of the Association, as well as the Treasury Department’s
Circular 230 regulations. NAEA members belong to a strong network of
experienced, well-trained tax professionals who effectively represent
their clients and work to make the tax code fair and reasonably
enforced.
How can I find an Enrolled Agent?
The easiest and fastest way to locate an Enrolled Agent in your area is
to visit www.naea.org. The ‘Find an
EA’ function located on the home page will allow you to search instantly
by locality or specialty. You can also call 800-424-4339, the EA
referral service. This is an unattended service, but you can request to
receive your response by email, fax or mail and all calls are answered
within 2 business days. You might also want to check in your local
yellow pages under ‘Tax Preparation’, and look for the phrase ‘Enrolled
Agent, Enrolled to Represent Taxpayers before the IRS’ or the ‘EA”
credential following the professional’s name.