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IRS responds to PTIN ruling

June 06, 2017

A U.S. District Court last week struck down the IRS's authority to charge PTIN user fees. (Steele v. U.S. (June 1, 2017) U.S. District Court for the District of Columbia, Case No. 14-cv-1523-RCL) The IRS issued a statement today in response to the decision, saying they are working with the Department of Justice to determine how to proceed. For now, the IRS is enjoined from charging PTIN user fees.

The court in Steele held that because the Loving v. IRS decision held that the IRS did not have authority to create the Registered Tax Return Preparer (RTRP) licensing requirements, and because anyone can obtain a PTIN (not just attorneys, CPAs, and EAs), the IRS cannot charge a fee for them. (Loving v. IRS (February 2, 2014) U.S. District Court for the District of Columbia, Case No. 13-5061)

For now, it is unclear whether tax preparers are entitled to a refund of PTIN fees, but the IRS will post additional information at www.irs.gov/taxpros as it becomes available.

The full text of Steele v. U.S. is available at:

www.caltax.com/spidellweb/public/editorial/SteeleUS.pdf

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