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Dave CPA
Dave CPA, Accountant
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Hi Dave, I need to represent that same taxpayer to the IRS

Resolved Question:

Hi Dave,

I need to represent that same taxpayer to the IRS (both for their Corp and Personal returns) and thus need the IRS Power of Attorneys (Form 2848) approved by the IRS. The qualification I believe I "check" on the form is "Certified Public Accountant-duly qualified to practice as a certified public accountant in the jurisdiction shown below" which is item "c" on the 2nd page of the form. Will this be accepted? I obtained my CPA in the state of Nebraska in 1990 but don't have it officially for the state of California yet. Since I'm referring to the federal returns/work that I'm doing (and thus not the CA returns-ie not state specific), I would think this will be accepted. Your thoughts Sir?
Submitted: 1 year ago.
Category: Tax
Expert:  Lindie-mod replied 1 year ago.
Hi, I am a Moderator for this topic. I sent your requested Professional a message to follow up with you here, when they are back online. If I can help further, please let me know. Thank you for your continued patience.
Expert:  Dave CPA replied 1 year ago.
Hello,

Sorry I was off line for a bit. Thanks for requesting me and for the prior positive rating.

In the state of CA. You have to be either a CPA in that state or adhere to the requirements that they list. I have enclosed a link to the site. This is state requirement.

On the form the third bullet of part II states:

I am authorized to represent the taxpayer identified in Part I for the matter(s) specified there; and...

In the state of California your are not authorized to represent the taxpayer.

https://www.ftb.ca.gov/professionals/registered_tax_preparers.shtml

Dave CPA, Accountant
Category: Tax
Satisfied Customers: 840
Experience: Vast knowledge within the accounting/tax industry
Dave CPA and 8 other Tax Specialists are ready to help you
Customer: replied 1 year ago.

Dave,


Just one more comment on this. I forgot to mention to you that I have an authorized PTIN # XXXXX the IRS. So even though I have this PTIN#, which has allowed me to prepare my clients returns, I still can't be assigned power of attorney unless I satisfy the two requirements you mentioned previously (active CA CPA, etc.). I may have been confused in thinking my authorized PTIN# XXXXX me to represent my client as POA? Please clarify. Thank you.


 


 

Expert:  Dave CPA replied 1 year ago.
Hello,

Thanks for the positive rating. You have a very valid point, but the CA states that the exempt preparer would include an enrolled agent and not a registered tax preparer.

California law requires anyone who prepares tax returns for a fee and is not an exempt preparer to register as a tax preparer with the California Tax Education Council (CTEC). Exempt preparers are California certified public accountants (CPAs), enrolled agents (EAs), attorneys who are members of the State Bar of California, and certain specified banking or trust officials.

I'm assuming you have the PTIN because you are an registered tax preparer with the IRS and not an enrolled agent. If you were an EA, then this wouldn't be a problem.

Both enrolled agents and RTRPs have the right to prepare and sign any tax forms. But the representation rights of enrolled agents before the IRS are generally unlimited whereas the representation rights of RTRPs are limited. RTRPs are limited to representing clients before an Examination function of the IRS when the RTRP prepared the return under examination.


There might be some CA loophole that I'm not aware of. In the link below is the contact info with phone number. It might be best to give them a call.

https://www.ftb.ca.gov/professionals/contacts.shtml?WT.mc_id=Pros_Sidebar_Service_Contacts
Dave CPA, Accountant
Category: Tax
Satisfied Customers: 840
Experience: Vast knowledge within the accounting/tax industry
Dave CPA and 8 other Tax Specialists are ready to help you

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