Entries Tagged as 'State'

Paper or Electronic Filing

I believe that it makes sense to file your taxes electronically rather than on paper as long as you make sure to avoid sending your data overseas. As I mentioned in an earlier entry, that often happens and it can be a mistake because laws regarding your privacy and the safety of your data from thieves are not the same in all countries as they are here in the US. Let’s talk about what happens when you file a paper return and when you electronically file a return.

A paper return is often sent in by ordinary First Class Mail. This does not tell you when or if the return is received and it certainly does not provide proof of delivery. Services that do tell you when your return was received and provide proof cost extra. With electronic filing, you know that your return was received, you know when it was received, and you know when it has passed checks for the most common sorts of errors. If it does not pass these checks it comes back to the preparer where it can be easily fixed.  I do not often have a return rejected and in most cases when I do I find that neither the bottom line or anything I printed for the client needs to change.  In the rare event that anything the client would care about changes, I get in touch with them before I re file. With an electronically filed return you know that the return you or your tax professional prepared is the return the Government has in its computer systems. Paper returns must be manually keyed in and while this is generally done correctly, errors can and do occur and when they do the taxpayer gets a letter from the government. Nine out of every ten clients surveyed preferred not to receive letters from the government about their taxes.

So for all these reasons I believe that Electronic Filing is the safest and easiest way to file your taxes as long as you do not send your data outside the US. My clients do not have to worry about that because their data stays safely in the US.

What Kinds of Tax Professionals Are There?

 

Tax ProfessionalsBroadly speaking there are five kinds of Tax Professionals. There are Unenrolled Preparers, Enrolled Agents, Accountants, Certified Public Accountants, and Tax Attorneys. Certainly there are very competent and ethical individuals as well as incompetent and unethical individuals in all of these categories.

 

An Unenrolled Preparer is one who does tax returns without qualifying for any other title. Not all states allow these individuals to sign returns as paid preparers but most including North Carolina do. If you know one of these individuals or have a recommendation of one from someone you know and trust, you may be very happy with the individual. Generally they charge the lowest fees of any Tax Professionals. The only problem is that their designation tells you nothing about the individual’s training, experience, or ethics.

 

In North Carolina, the same things I said about the Unenrolled Preparer apply to Accountants because in this state anyone who pays the Secretary of State $50 per year may use this title. In many other states there are educational or other requirements to be met before claiming this label, but not in NC.

 

Unenrolled Preparers and Accountants can represent you in an audit if they prepared your return. They cannot represent you if your case moves to Collections or Appeals or to the Courts.

 

Certified Public Accountants have received graduate degrees in accounting, passed a rigorous examination covering both taxes and other accounting matters, and done a period of satisfactory work under the direct or indirect supervision of a CPA. They can prepare your return and represent you in front of the taxing agencies. If a case goes to the US Tax Court as a “Small Matter” they can represent you there as well but they cannot otherwise represent you in Court. They are generally the most expensive of the Tax Professionals we have discussed so far.

 

Tax Attorneys have done Bachelor’s degrees of one sort or another, followed by JD Degrees and usually an LLM in taxation. They have passed the bar examination, usually in the state where they practice. They possess great knowledge. Not only can they prepare your returns and represent you in front of the taxing agencies, they can represent you in court. They are the most expensive Tax Professionals around.

 

Enrolled Agents have demonstrated their knowledge of the tax code and they are required to do continuing education so that their skills and knowledge remain current. They can prepare your returns, represent you in front of the taxing agencies, and handle a US Tax Court “Small Claim”. Let’s face it,  most taxpayers who are not in the top one or two percent of all incomes do not find court fights with the IRS to be in their best interests. I would argue that for most taxpayers, an Enrolled Agent can prepare your returns and give you all the representation you will ever need and do it for a very fair price.

 

 

 

What is an Enrolled Agent?

Enrolled AgentsAn Enrolled Agent is a Federally authorized Tax Professional who is able to represent taxpayers before the Internal Revenue Service for audits, collections, and appeals.

Although they are not required to do so, all State and Local Income taxing agencies allow Enrolled Agents to represent taxpayers before them as well.

There are two ways to become an Enrolled Agent. The first is to work for the IRS for five years in a position that regularly involves interpreting the tax code. The second is to pass the rigorous Special Enrollment Examination. After completing either of these steps the candidate must pass a rigorous background examination and allow all of his or her own previously filed returns to be audited. I passed the Special Enrollment Examination in 1996 the first time I took it.

 

The Title Enrolled Agent was created by the Congress of the United States in 1884. There was felt to be a need to limit who could represent taxpayers before the US Treasury Department because unscrupulous advisors were helping people submit false claims of loss developing out of the Civil War.