There is a lot of Reaction to the Surprise Ruling last Friday by a Federal Judge Ruling Against the IRS, Latino Tax Professionals Association has Answers

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Latino Tax Professionals Association believes it is a disserve to taxpayers not to have any regulation to ensure minimal competency in the tax practitioner community.

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Latino Tax Professionals Association mission is to provide community, knowledge and professionalism to the entire paid preparer community.

Three independent tax preparers along with the Institute of Justice, filed suit against the Internal Revenue Service claiming the new registered tax return preparer regulations were “beyond the powers” of the IRS and a substantial threat to the plaintiffs’ livelihoods.

On Friday, January 18, 2013, the United States District Court for the District of Columbia handed down a decision granting permanent injunctive relief to the plaintiffs in the Sabina Loving, et. al. v. Internal Revenue Service, et. al case. In its surprising decision to the industry, the Court “has enjoined the Internal Revenue Service from enforcing the regulatory requirements for registered tax return preparers. In accordance with this order, tax return preparers covered by this program are not currently required to register with the IRS, to complete competency testing or secure continuing education.” This court decision does not affect PTIN requirements. As of this notice, Prometric is administering RTRP Competency exams that have been scheduled. However, no new exams are being scheduled at this time.

“The Internal Revenue Service, working with the Department of Justice, continues to have confidence in the scope of its authority to administer this program. It is considering how best to address the court’s order and will take further action shortly.”

What does this ruling mean to the tax preparers who have completed the continuing education and testing? LTPA believes this program should continue because it provides a means of minimal competency and training for the unenrolled tax preparer.

Education is an investment, not an expense. If you are serious about succeeding in this industry, education and training are the keys to success. The largest tax preparation firms in the United States became the giants they are because they train all of their staff their way, and they keep their staff updated with the latest tax information.

We constantly get comments about the competition across the street and how unethical they are and what is the IRS going to do about it. How do we compete against fraudulent tax preparers? How do we stay ahead of the game? We need to support a system that weeds out those who shouldn't be in this industry.

Latino Tax Professionals Association believes it is still important to get your continuing education, maintain your high standards. Grow your tax business like the big national companies by keeping your staff well informed and updated.

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Carlos C. Lopez, EA
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