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Question 1 of 30
1. Question
Jamal, holding a valid Annual Filing Season Program (AFSP) Record of Completion for the current tax year, seeks to expand his tax practice. A prospective client, Anya, requests Jamal’s representation before the IRS regarding a notice of deficiency for her 2021 tax return, which Jamal did not prepare. Anya also needs assistance with an IRS collection action related to unpaid taxes from 2020, a year Jamal also did not prepare her return. Which of the following actions is Jamal permitted to undertake, adhering to the representation rights granted by his AFSP Record of Completion?
Correct
The AFSP Record of Completion grants limited representation rights, specifically allowing the preparer to represent clients before the IRS only for returns they prepared and signed. This representation is limited to specific situations. Understanding the scope of these representation rights is crucial. The AFSP participant *cannot* represent clients regarding issues arising from returns they did *not* prepare. Furthermore, the representation is limited to examination, not collection or appeals. The key lies in understanding that the AFSP Record of Completion provides a *limited* scope of practice compared to Enrolled Agents, CPAs, or attorneys. Therefore, representing a client for a prior year’s return that the AFSP participant did not prepare falls outside the allowed scope. Representing a client in appeals or collection issues also falls outside of the representation rights granted by the AFSP Record of Completion. An AFSP participant *can* represent a client for an audit of a return they prepared and signed, provided they have a valid AFSP Record of Completion for the relevant tax year.
Incorrect
The AFSP Record of Completion grants limited representation rights, specifically allowing the preparer to represent clients before the IRS only for returns they prepared and signed. This representation is limited to specific situations. Understanding the scope of these representation rights is crucial. The AFSP participant *cannot* represent clients regarding issues arising from returns they did *not* prepare. Furthermore, the representation is limited to examination, not collection or appeals. The key lies in understanding that the AFSP Record of Completion provides a *limited* scope of practice compared to Enrolled Agents, CPAs, or attorneys. Therefore, representing a client for a prior year’s return that the AFSP participant did not prepare falls outside the allowed scope. Representing a client in appeals or collection issues also falls outside of the representation rights granted by the AFSP Record of Completion. An AFSP participant *can* represent a client for an audit of a return they prepared and signed, provided they have a valid AFSP Record of Completion for the relevant tax year.
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Question 2 of 30
2. Question
Lakisha, an AFSP Record of Completion holder, prepared a tax return for a client, incorrectly interpreting a complex provision of the tax law regarding depreciation. As a result, the client’s tax liability was understated. Lakisha used due diligence in gathering information from the client but did not consult any additional resources to verify her interpretation of the law. The IRS assessed a penalty against Lakisha under IRC Section 6694(a). Which of the following actions would *best* support Lakisha’s argument for abatement of the penalty?
Correct
Section 6694(a) of the Internal Revenue Code pertains to the understatement of taxpayer’s liability by a tax return preparer due to an unreasonable position. An unreasonable position is one for which there was not substantial authority. The penalty amount is adjusted annually for inflation. The preparer can avoid the penalty if there was reasonable cause for the understatement and the preparer acted in good faith. Disclosure of a position on Form 8275 or Form 8275-R may help demonstrate reasonable cause and good faith, but it does not automatically eliminate the penalty. The IRS considers various factors in determining reasonable cause and good faith, including the preparer’s knowledge, experience, and reliance on information provided by the taxpayer.
Incorrect
Section 6694(a) of the Internal Revenue Code pertains to the understatement of taxpayer’s liability by a tax return preparer due to an unreasonable position. An unreasonable position is one for which there was not substantial authority. The penalty amount is adjusted annually for inflation. The preparer can avoid the penalty if there was reasonable cause for the understatement and the preparer acted in good faith. Disclosure of a position on Form 8275 or Form 8275-R may help demonstrate reasonable cause and good faith, but it does not automatically eliminate the penalty. The IRS considers various factors in determining reasonable cause and good faith, including the preparer’s knowledge, experience, and reliance on information provided by the taxpayer.
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Question 3 of 30
3. Question
A taxpayer, Kwame, disagrees with the outcome of an IRS audit. Which of the following actions represents Kwame’s right as a taxpayer?
Correct
Taxpayers have various rights when interacting with the IRS, including the right to be informed, the right to privacy and confidentiality, the right to representation, the right to a fair and just tax system, the right to challenge the IRS’s position and be heard, the right to appeal an IRS decision, the right to pay no more than the correct amount of tax, and the right to finality. These rights are enshrined in the Taxpayer Bill of Rights. Taxpayers also have the responsibility to file accurate and timely returns, pay their taxes on time, and cooperate with the IRS during examinations. Understanding these rights and responsibilities is crucial for both taxpayers and tax professionals. The IRS is obligated to treat taxpayers fairly and equitably, and taxpayers have recourse if they believe their rights have been violated.
Incorrect
Taxpayers have various rights when interacting with the IRS, including the right to be informed, the right to privacy and confidentiality, the right to representation, the right to a fair and just tax system, the right to challenge the IRS’s position and be heard, the right to appeal an IRS decision, the right to pay no more than the correct amount of tax, and the right to finality. These rights are enshrined in the Taxpayer Bill of Rights. Taxpayers also have the responsibility to file accurate and timely returns, pay their taxes on time, and cooperate with the IRS during examinations. Understanding these rights and responsibilities is crucial for both taxpayers and tax professionals. The IRS is obligated to treat taxpayers fairly and equitably, and taxpayers have recourse if they believe their rights have been violated.
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Question 4 of 30
4. Question
Which of the following tax benefits provides the MOST direct reduction of a taxpayer’s tax liability?
Correct
Tax credits directly reduce the amount of tax owed, while deductions reduce taxable income. Some tax credits are refundable, meaning that the taxpayer can receive a refund even if they don’t owe any taxes. The Child Tax Credit, the Earned Income Tax Credit, and the American Opportunity Tax Credit are examples of tax credits. The eligibility requirements and the amount of the credit vary depending on the specific credit.
Incorrect
Tax credits directly reduce the amount of tax owed, while deductions reduce taxable income. Some tax credits are refundable, meaning that the taxpayer can receive a refund even if they don’t owe any taxes. The Child Tax Credit, the Earned Income Tax Credit, and the American Opportunity Tax Credit are examples of tax credits. The eligibility requirements and the amount of the credit vary depending on the specific credit.
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Question 5 of 30
5. Question
Kaito, holding an AFSP Record of Completion for 2024, prepared and signed Mrs. Dubois’ 2023 tax return. In 2025, Mrs. Dubois receives an IRS notice regarding a discrepancy on her 2022 return, which Kaito did not prepare. Additionally, Mrs. Dubois seeks Kaito’s advice on structuring a charitable donation for the 2025 tax year to maximize her tax benefit. What are Kaito’s permissible actions under the AFSP guidelines and Circular 230?
Correct
The AFSP Record of Completion grants limited representation rights before the IRS. Specifically, individuals with this record can represent clients whose returns they prepared and signed. This representation is limited to returns prepared during the scope of the AFSP. The scope of representation does not extend to offering tax advice outside of the prepared return or representing clients in matters unrelated to those specific returns. Circular 230 governs the practice before the IRS, and while AFSP participants are subject to some aspects of Circular 230, they do not have the same comprehensive authority as Enrolled Agents, CPAs, or Attorneys. They cannot represent clients on matters such as collection issues, appeals of audits for returns they did not prepare, or providing general tax planning advice. The key is the nexus between the return prepared by the AFSP participant and the matter for which representation is sought. Furthermore, the representation rights granted by the AFSP are not permanent. They are contingent upon maintaining the requirements of the program, including annual continuing education.
Incorrect
The AFSP Record of Completion grants limited representation rights before the IRS. Specifically, individuals with this record can represent clients whose returns they prepared and signed. This representation is limited to returns prepared during the scope of the AFSP. The scope of representation does not extend to offering tax advice outside of the prepared return or representing clients in matters unrelated to those specific returns. Circular 230 governs the practice before the IRS, and while AFSP participants are subject to some aspects of Circular 230, they do not have the same comprehensive authority as Enrolled Agents, CPAs, or Attorneys. They cannot represent clients on matters such as collection issues, appeals of audits for returns they did not prepare, or providing general tax planning advice. The key is the nexus between the return prepared by the AFSP participant and the matter for which representation is sought. Furthermore, the representation rights granted by the AFSP are not permanent. They are contingent upon maintaining the requirements of the program, including annual continuing education.
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Question 6 of 30
6. Question
Javier, an AFSP Record of Completion holder, prepared Form 1040 for his neighbor, Anya, for the 2023 tax year. However, due to a last-minute conflict, Javier’s supervisor at the tax preparation firm signed Anya’s return. Anya subsequently received an IRS notice regarding a discrepancy on Schedule C, which Javier helped her prepare. Which of the following statements accurately describes Javier’s ability to represent Anya before the IRS regarding this notice?
Correct
The AFSP Record of Completion grants limited representation rights before the IRS. Specifically, individuals with this record can represent clients whose returns they prepared and signed, but only before certain IRS offices. This representation is generally limited to examinations, offers in compromise, and collection issues related to the returns they prepared. The key is that the AFSP participant must have both prepared AND signed the return in question. If they only prepared the return but someone else signed it, or vice versa, they cannot represent the taxpayer before the IRS. Furthermore, this representation is not unlimited; it does not extend to all IRS matters or all IRS offices. Understanding these limitations is crucial for AFSP participants to avoid unauthorized practice and to accurately advise their clients on the scope of representation they can provide. Taxpayers have the right to representation, and it’s essential that AFSP participants understand the boundaries of their authority. Circular 230 governs practice before the IRS, and exceeding representation rights could lead to penalties. AFSP participants must also be aware of any state regulations governing tax preparation and representation, as these may impose additional requirements or restrictions.
Incorrect
The AFSP Record of Completion grants limited representation rights before the IRS. Specifically, individuals with this record can represent clients whose returns they prepared and signed, but only before certain IRS offices. This representation is generally limited to examinations, offers in compromise, and collection issues related to the returns they prepared. The key is that the AFSP participant must have both prepared AND signed the return in question. If they only prepared the return but someone else signed it, or vice versa, they cannot represent the taxpayer before the IRS. Furthermore, this representation is not unlimited; it does not extend to all IRS matters or all IRS offices. Understanding these limitations is crucial for AFSP participants to avoid unauthorized practice and to accurately advise their clients on the scope of representation they can provide. Taxpayers have the right to representation, and it’s essential that AFSP participants understand the boundaries of their authority. Circular 230 governs practice before the IRS, and exceeding representation rights could lead to penalties. AFSP participants must also be aware of any state regulations governing tax preparation and representation, as these may impose additional requirements or restrictions.
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Question 7 of 30
7. Question
Aisha, an AFSP Record of Completion holder, is assisting a client, Ben, with his tax return preparation. Ben also asks Aisha to represent him in an ongoing dispute with the IRS regarding a penalty assessed for a previous year’s return, which Aisha did *not* prepare. Which of the following options best describes Aisha’s permissible actions?
Correct
The question tests the understanding of the limitations placed on AFSP participants regarding representation before the IRS, specifically in situations involving returns they did not prepare. The AFSP Record of Completion allows individuals to represent taxpayers only for returns they prepared and signed. This limitation is designed to protect taxpayers by ensuring that representatives have demonstrated competence in the specific area of tax law relevant to the return in question. Attempting to represent taxpayers on returns they did not prepare would violate Circular 230 and could result in penalties or suspension from the program. The IRS emphasizes the importance of ethical conduct and compliance with regulations for all tax professionals, including AFSP participants.
Incorrect
The question tests the understanding of the limitations placed on AFSP participants regarding representation before the IRS, specifically in situations involving returns they did not prepare. The AFSP Record of Completion allows individuals to represent taxpayers only for returns they prepared and signed. This limitation is designed to protect taxpayers by ensuring that representatives have demonstrated competence in the specific area of tax law relevant to the return in question. Attempting to represent taxpayers on returns they did not prepare would violate Circular 230 and could result in penalties or suspension from the program. The IRS emphasizes the importance of ethical conduct and compliance with regulations for all tax professionals, including AFSP participants.
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Question 8 of 30
8. Question
A tax professional holding an Annual Filing Season Program Record of Completion is approached by both the buyer and seller of a single-family home to represent them in the tax aspects of the transaction. What is the MOST appropriate course of action for the tax professional to take *before* agreeing to represent both parties?
Correct
The key to determining the correct course of action lies in understanding Circular 230, specifically sections related to conflicts of interest. Circular 230, Section 10.29, addresses conflicts of interest, stating that a practitioner must not represent a client before the IRS if the representation involves a conflict of interest. A conflict of interest exists if (1) the representation of one client will be directly adverse to another client; or (2) there is a significant risk that the representation of one or more clients will be materially limited by the practitioner’s responsibilities to another client, a former client or a third person, or by a personal interest of the practitioner. However, representation is permissible if (i) the practitioner reasonably believes that the practitioner will be able to provide competent and diligent representation to each affected client; (ii) the representation is not prohibited by law; and (iii) each affected client waives the conflict of interest by giving informed consent, confirmed in writing, at the time the conflict is discovered. In this scenario, representing both the buyer and seller in a real estate transaction *could* create a conflict because their interests are inherently opposed (buyer wants the lowest price, seller wants the highest). The practitioner must analyze whether their ability to represent *either* party would be materially limited. If so, informed consent, confirmed in writing, is required from both parties. If the practitioner cannot competently represent both, or if either party declines to provide informed consent, representation of both parties is prohibited. Therefore, the practitioner must first determine if a conflict exists, and if so, obtain informed consent from both parties *before* proceeding.
Incorrect
The key to determining the correct course of action lies in understanding Circular 230, specifically sections related to conflicts of interest. Circular 230, Section 10.29, addresses conflicts of interest, stating that a practitioner must not represent a client before the IRS if the representation involves a conflict of interest. A conflict of interest exists if (1) the representation of one client will be directly adverse to another client; or (2) there is a significant risk that the representation of one or more clients will be materially limited by the practitioner’s responsibilities to another client, a former client or a third person, or by a personal interest of the practitioner. However, representation is permissible if (i) the practitioner reasonably believes that the practitioner will be able to provide competent and diligent representation to each affected client; (ii) the representation is not prohibited by law; and (iii) each affected client waives the conflict of interest by giving informed consent, confirmed in writing, at the time the conflict is discovered. In this scenario, representing both the buyer and seller in a real estate transaction *could* create a conflict because their interests are inherently opposed (buyer wants the lowest price, seller wants the highest). The practitioner must analyze whether their ability to represent *either* party would be materially limited. If so, informed consent, confirmed in writing, is required from both parties. If the practitioner cannot competently represent both, or if either party declines to provide informed consent, representation of both parties is prohibited. Therefore, the practitioner must first determine if a conflict exists, and if so, obtain informed consent from both parties *before* proceeding.
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Question 9 of 30
9. Question
After successfully completing the Annual Filing Season Program (AFSP) and obtaining a Record of Completion, Jamila prepares and signs a 2023 tax return for her client, David. In 2025, David receives an IRS notice regarding a disallowed deduction on his 2022 tax return, which Jamila did *not* prepare. What is the extent of Jamila’s authorized representation of David before the IRS under the AFSP Record of Completion?
Correct
The AFSP Record of Completion grants limited representation rights before the IRS. These rights are specifically defined by the IRS and pertain to representing clients whose returns the AFSP participant prepared and signed. The representation is limited to issues arising from that specific tax return. This authority does not extend to all matters before the IRS, nor does it automatically grant the same level of representation as an Enrolled Agent, CPA, or attorney. The AFSP participant must act ethically and within the bounds of Circular 230. Therefore, understanding the scope and limitations of the representation rights is crucial. Furthermore, the AFSP participant is responsible for ensuring they meet all continuing education requirements to maintain their Record of Completion and associated representation rights. Failure to comply with these requirements can result in the loss of representation privileges. The representation rights granted are specific to the returns prepared under the AFSP, and do not extend to other tax years or issues not directly related to those returns.
Incorrect
The AFSP Record of Completion grants limited representation rights before the IRS. These rights are specifically defined by the IRS and pertain to representing clients whose returns the AFSP participant prepared and signed. The representation is limited to issues arising from that specific tax return. This authority does not extend to all matters before the IRS, nor does it automatically grant the same level of representation as an Enrolled Agent, CPA, or attorney. The AFSP participant must act ethically and within the bounds of Circular 230. Therefore, understanding the scope and limitations of the representation rights is crucial. Furthermore, the AFSP participant is responsible for ensuring they meet all continuing education requirements to maintain their Record of Completion and associated representation rights. Failure to comply with these requirements can result in the loss of representation privileges. The representation rights granted are specific to the returns prepared under the AFSP, and do not extend to other tax years or issues not directly related to those returns.
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Question 10 of 30
10. Question
After an IRS audit, Mr. Tanaka receives a notice of deficiency proposing an additional tax assessment. He disagrees with the IRS’s findings and believes the assessment is incorrect. According to the Taxpayer Bill of Rights, what is Mr. Tanaka’s most appropriate course of action to dispute the IRS’s determination?
Correct
Taxpayers have various rights when dealing with the IRS, including the right to be informed, the right to privacy, the right to confidentiality, and the right to representation. The Taxpayer Bill of Rights (TBOR) outlines these fundamental rights. One key right is the right to appeal an IRS decision in an independent forum. If a taxpayer disagrees with an IRS assessment, they can request an administrative appeal. The IRS Independent Office of Appeals provides an impartial review of the case. Taxpayers also have the right to seek assistance from the Taxpayer Advocate Service (TAS), an independent organization within the IRS that helps taxpayers resolve problems with the IRS. TAS can assist taxpayers who are experiencing financial difficulties, facing protracted delays, or believe that an IRS action is causing them hardship. The right to a fair and just tax system is a cornerstone of taxpayer rights, ensuring that taxpayers are treated with respect and fairness throughout the tax process.
Incorrect
Taxpayers have various rights when dealing with the IRS, including the right to be informed, the right to privacy, the right to confidentiality, and the right to representation. The Taxpayer Bill of Rights (TBOR) outlines these fundamental rights. One key right is the right to appeal an IRS decision in an independent forum. If a taxpayer disagrees with an IRS assessment, they can request an administrative appeal. The IRS Independent Office of Appeals provides an impartial review of the case. Taxpayers also have the right to seek assistance from the Taxpayer Advocate Service (TAS), an independent organization within the IRS that helps taxpayers resolve problems with the IRS. TAS can assist taxpayers who are experiencing financial difficulties, facing protracted delays, or believe that an IRS action is causing them hardship. The right to a fair and just tax system is a cornerstone of taxpayer rights, ensuring that taxpayers are treated with respect and fairness throughout the tax process.
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Question 11 of 30
11. Question
Keisha, an AFSP Record of Completion holder, prepared and signed Mr. Habimana’s 2022 tax return. Mr. Habimana now faces an IRS audit for the 2021 tax year, which Keisha did *not* prepare. According to IRS guidelines, what is Keisha’s permissible scope of representation for Mr. Habimana before the IRS?
Correct
The AFSP Record of Completion signifies a preparer’s commitment to ongoing education and adherence to IRS guidelines. While it doesn’t grant the same representation rights as an Enrolled Agent or CPA, it does allow the preparer to represent clients before the IRS, but with limitations. Specifically, this representation is generally limited to returns they prepared and signed. The key lies in understanding the scope of representation authorized by the AFSP. It’s not a blanket authorization to represent clients on all matters. The preparer’s authority stems from their completion of the AFSP and their preparation of the specific return in question. Without having prepared the return, the AFSP participant generally lacks the authority to represent the taxpayer. The IRS emphasizes that AFSP participants should clearly communicate the scope of their representation authority to their clients to avoid misunderstandings. This ensures transparency and prevents clients from assuming broader representation rights than the AFSP participant actually possesses. Furthermore, AFSP participants must adhere to Circular 230 regulations, which govern the ethical conduct of tax professionals, including those with limited representation rights.
Incorrect
The AFSP Record of Completion signifies a preparer’s commitment to ongoing education and adherence to IRS guidelines. While it doesn’t grant the same representation rights as an Enrolled Agent or CPA, it does allow the preparer to represent clients before the IRS, but with limitations. Specifically, this representation is generally limited to returns they prepared and signed. The key lies in understanding the scope of representation authorized by the AFSP. It’s not a blanket authorization to represent clients on all matters. The preparer’s authority stems from their completion of the AFSP and their preparation of the specific return in question. Without having prepared the return, the AFSP participant generally lacks the authority to represent the taxpayer. The IRS emphasizes that AFSP participants should clearly communicate the scope of their representation authority to their clients to avoid misunderstandings. This ensures transparency and prevents clients from assuming broader representation rights than the AFSP participant actually possesses. Furthermore, AFSP participants must adhere to Circular 230 regulations, which govern the ethical conduct of tax professionals, including those with limited representation rights.
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Question 12 of 30
12. Question
Hao filed his 2020 tax return on March 15, 2021. He now realizes he made a mistake that would entitle him to a refund. What is the latest date Hao can file an amended return (Form 1040-X) to claim this refund, assuming no extensions were filed?
Correct
The statute of limitations is a legal provision that sets a time limit within which legal proceedings must be initiated. For tax purposes, it limits the period during which the IRS can assess additional taxes, and the period during which a taxpayer can file an amended return to claim a refund. Generally, the IRS has three years from the date the return was filed (or the due date if filed early) to assess additional tax. However, this period can be extended under certain circumstances. If a taxpayer omits more than 25% of their gross income, the statute of limitations is extended to six years. There is no statute of limitations in cases of fraud or failure to file a return. Taxpayers generally have three years from the date they filed the return or two years from the date they paid the tax, whichever is later, to file an amended return claiming a refund. Understanding the statute of limitations is crucial for both tax preparers and taxpayers to ensure compliance and protect their rights.
Incorrect
The statute of limitations is a legal provision that sets a time limit within which legal proceedings must be initiated. For tax purposes, it limits the period during which the IRS can assess additional taxes, and the period during which a taxpayer can file an amended return to claim a refund. Generally, the IRS has three years from the date the return was filed (or the due date if filed early) to assess additional tax. However, this period can be extended under certain circumstances. If a taxpayer omits more than 25% of their gross income, the statute of limitations is extended to six years. There is no statute of limitations in cases of fraud or failure to file a return. Taxpayers generally have three years from the date they filed the return or two years from the date they paid the tax, whichever is later, to file an amended return claiming a refund. Understanding the statute of limitations is crucial for both tax preparers and taxpayers to ensure compliance and protect their rights.
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Question 13 of 30
13. Question
Kaito filed his 2022 tax return on April 15, 2023. In 2024, he realized he had inadvertently omitted a significant amount of income from his return. Under normal circumstances, what is the latest date Kaito can file an amended return (Form 1040-X) to claim a refund related to any overpayment resulting from correcting the omission, assuming he paid his taxes on time?
Correct
The statute of limitations sets a time limit on how long the IRS has to assess additional tax, and how long a taxpayer has to file an amended return to claim a refund. Generally, the IRS has three years from the date a return was filed (or the due date, if later) to assess additional tax. However, there are exceptions to this rule. For example, if a taxpayer omits more than 25% of gross income, the statute of limitations is extended to six years. There is no statute of limitations in cases of fraud or failure to file a return. Taxpayers generally have three years from the date they filed their original return (or two years from the date they paid the tax, whichever is later) to file an amended return to claim a refund. Understanding the statute of limitations is important for both taxpayers and tax professionals.
Incorrect
The statute of limitations sets a time limit on how long the IRS has to assess additional tax, and how long a taxpayer has to file an amended return to claim a refund. Generally, the IRS has three years from the date a return was filed (or the due date, if later) to assess additional tax. However, there are exceptions to this rule. For example, if a taxpayer omits more than 25% of gross income, the statute of limitations is extended to six years. There is no statute of limitations in cases of fraud or failure to file a return. Taxpayers generally have three years from the date they filed their original return (or two years from the date they paid the tax, whichever is later) to file an amended return to claim a refund. Understanding the statute of limitations is important for both taxpayers and tax professionals.
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Question 14 of 30
14. Question
Aisha, an AFSP Record of Completion holder, prepared and signed Mr. Kim’s 2022 tax return. Mr. Kim is now undergoing an IRS audit for both his 2022 and 2021 tax returns. Aisha did not prepare Mr. Kim’s 2021 return. Mr. Kim provides Aisha with a valid Power of Attorney (Form 2848) for both tax years. Regarding Aisha’s representation rights, which of the following statements is most accurate?
Correct
The Annual Filing Season Program (AFSP) Record of Completion grants limited representation rights before the IRS. These rights are specifically defined and do not encompass all aspects of taxpayer representation. A crucial limitation pertains to audit representation. While AFSP participants can represent clients whose returns they prepared before the IRS, this representation is restricted to specific situations. According to IRS guidelines, an AFSP participant can represent a client only if the audit pertains to a return they prepared and signed. Furthermore, the representation is limited to issues directly related to that specific return. They cannot represent clients on issues arising from returns they did not prepare or for other tax years. The Power of Attorney (POA) Form 2848 allows an individual to authorize someone to represent them before the IRS. However, the scope of representation granted by a POA is contingent upon the representative’s qualifications and the limitations imposed by programs like the AFSP. Therefore, even with a valid POA, an AFSP participant’s representation authority is confined to the returns they prepared and signed. This limitation is in place to ensure that individuals representing taxpayers before the IRS possess the necessary expertise and qualifications for the specific issues at hand.
Incorrect
The Annual Filing Season Program (AFSP) Record of Completion grants limited representation rights before the IRS. These rights are specifically defined and do not encompass all aspects of taxpayer representation. A crucial limitation pertains to audit representation. While AFSP participants can represent clients whose returns they prepared before the IRS, this representation is restricted to specific situations. According to IRS guidelines, an AFSP participant can represent a client only if the audit pertains to a return they prepared and signed. Furthermore, the representation is limited to issues directly related to that specific return. They cannot represent clients on issues arising from returns they did not prepare or for other tax years. The Power of Attorney (POA) Form 2848 allows an individual to authorize someone to represent them before the IRS. However, the scope of representation granted by a POA is contingent upon the representative’s qualifications and the limitations imposed by programs like the AFSP. Therefore, even with a valid POA, an AFSP participant’s representation authority is confined to the returns they prepared and signed. This limitation is in place to ensure that individuals representing taxpayers before the IRS possess the necessary expertise and qualifications for the specific issues at hand.
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Question 15 of 30
15. Question
Aisha, who has an Annual Filing Season Program (AFSP) Record of Completion, prepared and signed a client’s Form 1040 for the 2023 tax year. The client received an IRS notice proposing adjustments to their Schedule C, which Aisha prepared. Subsequently, the client also received a notice of intent to levy due to unpaid taxes from a prior year, which Aisha did not prepare. Considering Aisha’s AFSP status, which of the following actions is she authorized to undertake?
Correct
The Annual Filing Season Program (AFSP) Record of Completion grants limited representation rights before the IRS. However, these rights are specifically defined and circumscribed. Individuals with an AFSP Record of Completion can represent clients before the IRS only on returns they prepared and signed. The representation is limited to specific situations such as examinations of returns they prepared, and responding to notices about those returns. They cannot represent clients in appeals or collection matters, or provide tax advice beyond the scope of the return they prepared. Moreover, the AFSP participant must adhere to Circular 230 regulations, which govern the practice of tax professionals before the IRS. These regulations cover aspects like competence, diligence, conflicts of interest, and confidentiality. Violation of Circular 230 can result in penalties, including suspension or disbarment from practice before the IRS. The AFSP is not a substitute for being an Enrolled Agent, CPA, attorney, or other credentialed tax professional with broader representation rights. The IRS’s intent is to provide a mechanism for those who prepare returns to assist their clients with related issues, while maintaining standards of competence and ethical conduct. The AFSP is designed to ensure basic competence and adherence to ethical standards.
Incorrect
The Annual Filing Season Program (AFSP) Record of Completion grants limited representation rights before the IRS. However, these rights are specifically defined and circumscribed. Individuals with an AFSP Record of Completion can represent clients before the IRS only on returns they prepared and signed. The representation is limited to specific situations such as examinations of returns they prepared, and responding to notices about those returns. They cannot represent clients in appeals or collection matters, or provide tax advice beyond the scope of the return they prepared. Moreover, the AFSP participant must adhere to Circular 230 regulations, which govern the practice of tax professionals before the IRS. These regulations cover aspects like competence, diligence, conflicts of interest, and confidentiality. Violation of Circular 230 can result in penalties, including suspension or disbarment from practice before the IRS. The AFSP is not a substitute for being an Enrolled Agent, CPA, attorney, or other credentialed tax professional with broader representation rights. The IRS’s intent is to provide a mechanism for those who prepare returns to assist their clients with related issues, while maintaining standards of competence and ethical conduct. The AFSP is designed to ensure basic competence and adherence to ethical standards.
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Question 16 of 30
16. Question
A taxpayer, Kenji, has a rental property that generates a passive loss of \$30,000. He actively participates in the rental activity and his Adjusted Gross Income (AGI) is \$90,000. Assuming he has no other passive income or losses, how much of the \$30,000 rental loss can Kenji deduct in the current year?
Correct
Passive activity losses can only offset passive activity income. Passive activities are generally defined as trade or business activities in which the taxpayer does not materially participate. Rental activities are generally considered passive, regardless of the taxpayer’s level of participation, unless the taxpayer qualifies as a real estate professional. Losses from passive activities that cannot be deducted in the current year are carried forward to future years to offset passive income in those years. There are specific rules for deducting losses from rental real estate activities, including a special allowance of up to \$25,000 for taxpayers who actively participate in the rental activity.
Incorrect
Passive activity losses can only offset passive activity income. Passive activities are generally defined as trade or business activities in which the taxpayer does not materially participate. Rental activities are generally considered passive, regardless of the taxpayer’s level of participation, unless the taxpayer qualifies as a real estate professional. Losses from passive activities that cannot be deducted in the current year are carried forward to future years to offset passive income in those years. There are specific rules for deducting losses from rental real estate activities, including a special allowance of up to \$25,000 for taxpayers who actively participate in the rental activity.
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Question 17 of 30
17. Question
Aisha, an AFSP Record of Completion holder, prepared and signed a client’s 2023 tax return. In 2025, the client receives an IRS notice regarding a disallowed deduction on their 2022 return, which Aisha did not prepare. The client also faces an audit for their 2023 return concerning a business expense Aisha properly reported. Which of the following accurately describes Aisha’s permissible representation activities?
Correct
The Annual Filing Season Program (AFSP) Record of Completion grants limited representation rights before the IRS. However, these rights are not unlimited. Individuals with an AFSP Record of Completion can only represent clients before the IRS in specific circumstances. They can represent clients whose returns they prepared and signed, but this representation is limited to issues arising from that specific return. They cannot represent clients on matters unrelated to the returns they prepared, or for years they did not prepare the return. Furthermore, their representation rights do not extend to appearances before Appeals or in court. They also need to complete annual continuing education requirements to maintain their AFSP status and representation rights. This continuing education includes a specified number of hours on federal tax law topics and ethics. Failing to meet these requirements would result in the loss of representation rights. The AFSP participant must also adhere to Circular 230 regulations and ethical standards while representing taxpayers.
Incorrect
The Annual Filing Season Program (AFSP) Record of Completion grants limited representation rights before the IRS. However, these rights are not unlimited. Individuals with an AFSP Record of Completion can only represent clients before the IRS in specific circumstances. They can represent clients whose returns they prepared and signed, but this representation is limited to issues arising from that specific return. They cannot represent clients on matters unrelated to the returns they prepared, or for years they did not prepare the return. Furthermore, their representation rights do not extend to appearances before Appeals or in court. They also need to complete annual continuing education requirements to maintain their AFSP status and representation rights. This continuing education includes a specified number of hours on federal tax law topics and ethics. Failing to meet these requirements would result in the loss of representation rights. The AFSP participant must also adhere to Circular 230 regulations and ethical standards while representing taxpayers.
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Question 18 of 30
18. Question
Which of the following types of income is *not* subject to the Net Investment Income Tax (NIIT)?
Correct
The Net Investment Income Tax (NIIT) is a 3.8% tax on the lesser of net investment income or the excess of modified adjusted gross income (MAGI) over a certain threshold. The thresholds vary based on filing status. For single filers, the threshold is \$200,000, and for married filing jointly, it is \$250,000. Net investment income includes items like interest, dividends, capital gains, rental and royalty income, and non-qualified annuities. It does *not* include wages, self-employment income (if not derived from a passive activity), or distributions from qualified retirement plans. The purpose of the NIIT is to help fund the Affordable Care Act.
Incorrect
The Net Investment Income Tax (NIIT) is a 3.8% tax on the lesser of net investment income or the excess of modified adjusted gross income (MAGI) over a certain threshold. The thresholds vary based on filing status. For single filers, the threshold is \$200,000, and for married filing jointly, it is \$250,000. Net investment income includes items like interest, dividends, capital gains, rental and royalty income, and non-qualified annuities. It does *not* include wages, self-employment income (if not derived from a passive activity), or distributions from qualified retirement plans. The purpose of the NIIT is to help fund the Affordable Care Act.
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Question 19 of 30
19. Question
Jamal, holding an AFSP Record of Completion, prepared and signed Mr. Henderson’s 2023 tax return. Subsequently, Mr. Henderson received an IRS notice regarding a discrepancy on his 2022 return, which Jamal did *not* prepare. Furthermore, Mr. Henderson faces a potential collection action for unpaid taxes from 2021. Which of the following actions is Jamal authorized to undertake on behalf of Mr. Henderson?
Correct
The Annual Filing Season Program (AFSP) Record of Completion grants limited representation rights before the IRS. Specifically, individuals with an AFSP Record of Completion can represent clients whose returns they prepared and signed before the IRS. This representation is limited to issues concerning the tax returns they prepared. However, this representation right does *not* extend to all IRS matters. For example, they cannot represent clients in collection matters, or respond to notices regarding tax returns they did not prepare. They also cannot represent clients before the IRS Appeals Office regarding issues on returns they did not prepare and sign. Understanding the specific limitations is crucial for AFSP participants to ensure they operate within the scope of their authorized practice and avoid unauthorized practice of law. This limitation stems from the fact that the AFSP is a voluntary program, not a licensing system like the Enrolled Agent credential.
Incorrect
The Annual Filing Season Program (AFSP) Record of Completion grants limited representation rights before the IRS. Specifically, individuals with an AFSP Record of Completion can represent clients whose returns they prepared and signed before the IRS. This representation is limited to issues concerning the tax returns they prepared. However, this representation right does *not* extend to all IRS matters. For example, they cannot represent clients in collection matters, or respond to notices regarding tax returns they did not prepare. They also cannot represent clients before the IRS Appeals Office regarding issues on returns they did not prepare and sign. Understanding the specific limitations is crucial for AFSP participants to ensure they operate within the scope of their authorized practice and avoid unauthorized practice of law. This limitation stems from the fact that the AFSP is a voluntary program, not a licensing system like the Enrolled Agent credential.
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Question 20 of 30
20. Question
Ricardo receives a CP2000 notice from the IRS stating that he underreported interest income on his tax return. The notice includes a proposed adjustment to his tax liability and a request for payment. What is Ricardo’s best course of action upon receiving this notice?
Correct
Taxpayers may receive various notices and correspondence from the IRS for different reasons. These notices can relate to issues such as underreporting of income, mathematical errors, requests for additional information, or audit notifications. It is important for taxpayers to understand the content of these notices and respond appropriately within the specified timeframe. Ignoring IRS notices can lead to penalties, interest charges, and further enforcement actions. Taxpayers have the right to dispute the IRS’s findings and can request an explanation or provide additional documentation to support their position. Common IRS notices include CP2000 notices (related to underreported income) and notices of deficiency (proposing additional tax assessments).
Incorrect
Taxpayers may receive various notices and correspondence from the IRS for different reasons. These notices can relate to issues such as underreporting of income, mathematical errors, requests for additional information, or audit notifications. It is important for taxpayers to understand the content of these notices and respond appropriately within the specified timeframe. Ignoring IRS notices can lead to penalties, interest charges, and further enforcement actions. Taxpayers have the right to dispute the IRS’s findings and can request an explanation or provide additional documentation to support their position. Common IRS notices include CP2000 notices (related to underreported income) and notices of deficiency (proposing additional tax assessments).
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Question 21 of 30
21. Question
Kai, who is unmarried, maintains a home for his daughter, Lena, who is 22 years old and a full-time student. Lena got married in December of the current tax year. Kai provides more than half of Lena’s support and pays all the household expenses. Lena and her spouse do not file jointly. Can Kai file as Head of Household?
Correct
This question addresses the complexities of determining eligibility for Head of Household (HOH) filing status. Several tests must be met to qualify for HOH status. One critical test is the qualifying child test. The taxpayer must pay more than half the cost of keeping up a home that is the principal residence of a qualifying child for more than half the year. The qualifying child must generally live with the taxpayer for more than half the year. Temporary absences for reasons such as education are considered living at home. However, an exception exists for a married child. If the qualifying child is married, the taxpayer can still claim HOH status if they can claim the child as a dependent. In this case, although Kai’s daughter, Lena, is married, Kai provides more than half of her support and can claim her as a dependent. Therefore, Kai meets the requirements for HOH filing status.
Incorrect
This question addresses the complexities of determining eligibility for Head of Household (HOH) filing status. Several tests must be met to qualify for HOH status. One critical test is the qualifying child test. The taxpayer must pay more than half the cost of keeping up a home that is the principal residence of a qualifying child for more than half the year. The qualifying child must generally live with the taxpayer for more than half the year. Temporary absences for reasons such as education are considered living at home. However, an exception exists for a married child. If the qualifying child is married, the taxpayer can still claim HOH status if they can claim the child as a dependent. In this case, although Kai’s daughter, Lena, is married, Kai provides more than half of her support and can claim her as a dependent. Therefore, Kai meets the requirements for HOH filing status.
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Question 22 of 30
22. Question
Aisha, an AFSP Record of Completion holder, prepared and signed Mr. Silva’s Form 1040 for the 2023 tax year. During the 2024 tax season, Mr. Silva receives an IRS notice regarding a discrepancy on his 2021 Schedule C, which Aisha did *not* prepare. Mr. Silva asks Aisha to represent him before the IRS to resolve the 2021 Schedule C issue. Which of the following statements accurately reflects Aisha’s ability to represent Mr. Silva in this situation under the AFSP guidelines?
Correct
The AFSP Record of Completion grants limited representation rights before the IRS. These rights do *not* extend to all areas of tax law. Specifically, individuals with an AFSP Record of Completion can represent clients before the IRS concerning returns they prepared and signed, but this representation is limited to specific types of returns. They cannot represent clients regarding issues arising from returns they did not prepare or returns outside the scope of the AFSP. Representation is generally limited to examination, collection, and appeals. Furthermore, certain complex areas like estate tax, gift tax, or issues involving specialized industries typically fall outside the scope of AFSP representation. The IRS provides guidance on the specific limitations and scope of representation allowed under the AFSP. Individuals should consult IRS resources and Circular 230 to fully understand the boundaries of their representation authority. The key is that the representation authority is *limited* and directly tied to returns the AFSP holder prepared and signed, within defined parameters. The AFSP participant should understand the scope of their authority and be able to clearly communicate this to clients.
Incorrect
The AFSP Record of Completion grants limited representation rights before the IRS. These rights do *not* extend to all areas of tax law. Specifically, individuals with an AFSP Record of Completion can represent clients before the IRS concerning returns they prepared and signed, but this representation is limited to specific types of returns. They cannot represent clients regarding issues arising from returns they did not prepare or returns outside the scope of the AFSP. Representation is generally limited to examination, collection, and appeals. Furthermore, certain complex areas like estate tax, gift tax, or issues involving specialized industries typically fall outside the scope of AFSP representation. The IRS provides guidance on the specific limitations and scope of representation allowed under the AFSP. Individuals should consult IRS resources and Circular 230 to fully understand the boundaries of their representation authority. The key is that the representation authority is *limited* and directly tied to returns the AFSP holder prepared and signed, within defined parameters. The AFSP participant should understand the scope of their authority and be able to clearly communicate this to clients.
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Question 23 of 30
23. Question
Benita, a self-employed graphic designer, uses a room in her apartment exclusively and regularly for her business. The room accounts for 15% of the apartment’s total square footage. Her gross income from the graphic design business is \$8,000. Her total home-related expenses (rent, utilities, insurance) amount to \$10,000. What is the maximum amount of home office deduction Benita can claim for the current tax year?
Correct
The home office deduction is available to taxpayers who use a portion of their home exclusively and regularly for business purposes. If a taxpayer is an employee, the use must also be for the convenience of the employer. The area must be used either as the principal place of business, a place to meet or deal with clients or customers in the normal course of business, or a separate structure not attached to the home used in connection with the business. The deduction is calculated based on the percentage of the home used for business. This can be determined by dividing the area used for business by the total area of the home. The deductible expenses are limited to the gross income derived from the business activity. If the expenses exceed the gross income, the excess expenses can be carried over to future years, subject to the same limitations.
Incorrect
The home office deduction is available to taxpayers who use a portion of their home exclusively and regularly for business purposes. If a taxpayer is an employee, the use must also be for the convenience of the employer. The area must be used either as the principal place of business, a place to meet or deal with clients or customers in the normal course of business, or a separate structure not attached to the home used in connection with the business. The deduction is calculated based on the percentage of the home used for business. This can be determined by dividing the area used for business by the total area of the home. The deductible expenses are limited to the gross income derived from the business activity. If the expenses exceed the gross income, the excess expenses can be carried over to future years, subject to the same limitations.
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Question 24 of 30
24. Question
Aisha, an AFSP Record of Completion holder, prepared and signed a client’s Form 1040 for the 2023 tax year. During the 2024 tax season, the client received an IRS notice regarding a discrepancy on Schedule C of the 2023 return, which Aisha prepared. Simultaneously, the client received a separate notice proposing adjustments to their 2021 tax year return, which Aisha did not prepare. Which of the following statements accurately describes Aisha’s permissible scope of representation for this client?
Correct
The Annual Filing Season Program (AFSP) Record of Completion grants limited representation rights before the IRS. However, these rights are specifically defined and restricted. Individuals with an AFSP Record of Completion can only represent clients whose returns they prepared and signed. The representation is limited to issues arising from the specific tax return they prepared. Furthermore, the representation rights do not extend to all IRS functions; they are generally limited to examination, customer service, and collections. The AFSP participant cannot represent clients before appeals or in tax court. The AFSP participant must adhere to Circular 230 regulations, which govern practice before the IRS, including duties and restrictions related to client representation. The representation rights are tied to the individual’s continued compliance with AFSP requirements, including annual continuing education. Therefore, the individual’s scope of representation is limited to the returns they prepared, and they cannot represent clients on matters outside of those returns or in forums like appeals or tax court.
Incorrect
The Annual Filing Season Program (AFSP) Record of Completion grants limited representation rights before the IRS. However, these rights are specifically defined and restricted. Individuals with an AFSP Record of Completion can only represent clients whose returns they prepared and signed. The representation is limited to issues arising from the specific tax return they prepared. Furthermore, the representation rights do not extend to all IRS functions; they are generally limited to examination, customer service, and collections. The AFSP participant cannot represent clients before appeals or in tax court. The AFSP participant must adhere to Circular 230 regulations, which govern practice before the IRS, including duties and restrictions related to client representation. The representation rights are tied to the individual’s continued compliance with AFSP requirements, including annual continuing education. Therefore, the individual’s scope of representation is limited to the returns they prepared, and they cannot represent clients on matters outside of those returns or in forums like appeals or tax court.
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Question 25 of 30
25. Question
Jamal, who holds an AFSP Record of Completion, prepared and signed Mrs. Rodriguez’s 2023 tax return. The IRS subsequently sent Mrs. Rodriguez a notice regarding a discrepancy in her 2023 return related to the Schedule C Jamal prepared. Additionally, Mrs. Rodriguez received a notice about an issue on her 2021 return, which was prepared by a different tax professional. Furthermore, she has an upcoming audit related to a rental property reported on Schedule E in 2022, also prepared by someone else. According to the IRS guidelines for AFSP participants, on which of the following matters is Jamal authorized to represent Mrs. Rodriguez before the IRS?
Correct
The Annual Filing Season Program (AFSP) Record of Completion grants limited representation rights before the IRS. However, these rights are not unlimited. Individuals with an AFSP Record of Completion can represent clients before the IRS only on returns they prepared and signed. This representation is limited to specific situations, such as responding to notices, audits, and other IRS inquiries related to those specific returns. The AFSP participant cannot represent clients on matters unrelated to the returns they prepared. They also cannot represent clients before Appeals or in collection matters. The AFSP does not confer the same level of representation as an Enrolled Agent, CPA, or Attorney. The AFSP is designed to recognize the efforts of non-credentialed tax preparers who voluntarily enhance their knowledge and filing season readiness through continuing education. The key limitation is the scope of representation, which is tied directly to returns prepared and signed by the AFSP participant. This is to ensure they are familiar with the details of the return in question and can adequately represent the taxpayer.
Incorrect
The Annual Filing Season Program (AFSP) Record of Completion grants limited representation rights before the IRS. However, these rights are not unlimited. Individuals with an AFSP Record of Completion can represent clients before the IRS only on returns they prepared and signed. This representation is limited to specific situations, such as responding to notices, audits, and other IRS inquiries related to those specific returns. The AFSP participant cannot represent clients on matters unrelated to the returns they prepared. They also cannot represent clients before Appeals or in collection matters. The AFSP does not confer the same level of representation as an Enrolled Agent, CPA, or Attorney. The AFSP is designed to recognize the efforts of non-credentialed tax preparers who voluntarily enhance their knowledge and filing season readiness through continuing education. The key limitation is the scope of representation, which is tied directly to returns prepared and signed by the AFSP participant. This is to ensure they are familiar with the details of the return in question and can adequately represent the taxpayer.
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Question 26 of 30
26. Question
A taxpayer, Imani, disagrees with the results of an IRS audit. What is Imani’s next step in the appeals process within the IRS, assuming she wishes to challenge the IRS’s determination?
Correct
When a taxpayer disagrees with an IRS determination, they generally have the right to appeal the decision. The appeal process typically starts with an informal conference with an IRS Appeals officer. If the taxpayer is not satisfied with the outcome of the informal conference, they may be able to pursue the matter in court, such as the U.S. Tax Court, the U.S. District Court, or the U.S. Court of Federal Claims. The specific court depends on the nature of the dispute and whether the taxpayer wants to pay the tax first and then sue for a refund. The IRS Independent Office of Appeals is structured to be independent from the IRS examination function.
Incorrect
When a taxpayer disagrees with an IRS determination, they generally have the right to appeal the decision. The appeal process typically starts with an informal conference with an IRS Appeals officer. If the taxpayer is not satisfied with the outcome of the informal conference, they may be able to pursue the matter in court, such as the U.S. Tax Court, the U.S. District Court, or the U.S. Court of Federal Claims. The specific court depends on the nature of the dispute and whether the taxpayer wants to pay the tax first and then sue for a refund. The IRS Independent Office of Appeals is structured to be independent from the IRS examination function.
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Question 27 of 30
27. Question
Aisha, who holds an Annual Filing Season Program Record of Completion, prepared and signed a client’s Form 1040 for the 2023 tax year. During the 2024 tax season, the client receives an IRS notice regarding a discrepancy on their 2022 return, which Aisha did not prepare. Additionally, the client is facing an audit for the 2023 return that Aisha prepared, specifically concerning the Schedule C deductions. Under what circumstances, if any, can Aisha represent the client before the IRS?
Correct
The Annual Filing Season Program (AFSP) Record of Completion grants limited representation rights before the IRS. This means that individuals with an AFSP Record of Completion can only represent clients before the IRS in specific situations. The key limitation is that they can only represent clients whose returns they prepared and signed. This representation is limited to issues arising from the prepared return and does not extend to other tax years or other tax matters. They cannot represent clients in appeals or collection matters if they did not prepare the original return. The AFSP participant must also comply with Circular 230, which governs the practice of tax professionals before the IRS. This includes ethical standards, due diligence, and competence. Failing to adhere to these standards can result in sanctions, including the loss of representation rights. It’s crucial for AFSP participants to understand the scope and limitations of their representation rights to avoid unauthorized practice and potential penalties.
Incorrect
The Annual Filing Season Program (AFSP) Record of Completion grants limited representation rights before the IRS. This means that individuals with an AFSP Record of Completion can only represent clients before the IRS in specific situations. The key limitation is that they can only represent clients whose returns they prepared and signed. This representation is limited to issues arising from the prepared return and does not extend to other tax years or other tax matters. They cannot represent clients in appeals or collection matters if they did not prepare the original return. The AFSP participant must also comply with Circular 230, which governs the practice of tax professionals before the IRS. This includes ethical standards, due diligence, and competence. Failing to adhere to these standards can result in sanctions, including the loss of representation rights. It’s crucial for AFSP participants to understand the scope and limitations of their representation rights to avoid unauthorized practice and potential penalties.
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Question 28 of 30
28. Question
Aisha, an AFSP Record of Completion holder, prepared and signed a client’s (Omar’s) Form 1040 for the 2023 tax year. In August 2024, Omar received a notice from the IRS regarding a discrepancy in the reported self-employment income on his 2022 Schedule C, which Aisha did not prepare. Furthermore, in September 2024, Omar also received a notice of intent to levy for unpaid taxes from 2021. Considering Aisha’s AFSP status, what is the permissible scope of her representation of Omar before the IRS?
Correct
The AFSP Record of Completion grants limited representation rights before the IRS. These rights are specifically defined in Circular 230 and related IRS guidance. A preparer with an AFSP Record of Completion can represent clients whose returns they prepared and signed, but only before certain IRS offices and regarding specific issues. These issues are generally limited to examinations of returns they prepared and signed. The representation is further restricted to specific tax periods covered by the AFSP. They cannot represent clients on appeals or collection matters, or before other IRS offices, without further credentials (e.g., being an Enrolled Agent, CPA, or Attorney). Moreover, representation is contingent on maintaining good standing with the IRS, including adherence to ethical standards outlined in Circular 230 and compliance with continuing education requirements. The scope of representation is not unlimited and is directly tied to the returns the preparer has prepared and signed, and within the specified limitations provided by the IRS. The AFSP participant cannot act as a general representative for all tax matters of a client.
Incorrect
The AFSP Record of Completion grants limited representation rights before the IRS. These rights are specifically defined in Circular 230 and related IRS guidance. A preparer with an AFSP Record of Completion can represent clients whose returns they prepared and signed, but only before certain IRS offices and regarding specific issues. These issues are generally limited to examinations of returns they prepared and signed. The representation is further restricted to specific tax periods covered by the AFSP. They cannot represent clients on appeals or collection matters, or before other IRS offices, without further credentials (e.g., being an Enrolled Agent, CPA, or Attorney). Moreover, representation is contingent on maintaining good standing with the IRS, including adherence to ethical standards outlined in Circular 230 and compliance with continuing education requirements. The scope of representation is not unlimited and is directly tied to the returns the preparer has prepared and signed, and within the specified limitations provided by the IRS. The AFSP participant cannot act as a general representative for all tax matters of a client.
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Question 29 of 30
29. Question
Meilin operates a small consulting business as a sole proprietorship. Which of the following expenses, incurred during the tax year, can she deduct on Schedule C (Form 1040)?
Correct
Schedule C (Form 1040) is used to report profit or loss from a business operated as a sole proprietorship. Ordinary and necessary expenses are deductible. An expense is considered ordinary if it is common and accepted in the taxpayer’s trade or business. An expense is considered necessary if it is appropriate and helpful for the taxpayer’s trade or business. Commuting expenses, which are the costs of traveling between a taxpayer’s home and their main place of business, are generally not deductible. However, an exception exists for transportation expenses incurred for business purposes after arriving at the business location. Expenses for education that maintains or improves skills required in the taxpayer’s trade or business are deductible. Expenses for education that qualifies the taxpayer for a new trade or business are not deductible.
Incorrect
Schedule C (Form 1040) is used to report profit or loss from a business operated as a sole proprietorship. Ordinary and necessary expenses are deductible. An expense is considered ordinary if it is common and accepted in the taxpayer’s trade or business. An expense is considered necessary if it is appropriate and helpful for the taxpayer’s trade or business. Commuting expenses, which are the costs of traveling between a taxpayer’s home and their main place of business, are generally not deductible. However, an exception exists for transportation expenses incurred for business purposes after arriving at the business location. Expenses for education that maintains or improves skills required in the taxpayer’s trade or business are deductible. Expenses for education that qualifies the taxpayer for a new trade or business are not deductible.
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Question 30 of 30
30. Question
Aisha, who holds an Annual Filing Season Program (AFSP) Record of Completion, prepared and signed a client’s Form 1040 for the 2023 tax year. The client received an IRS notice regarding a discrepancy in the reported self-employment income on Schedule C of that return. Under what specific circumstances is Aisha authorized to represent this client before the IRS regarding this notice?
Correct
The Annual Filing Season Program (AFSP) Record of Completion grants limited representation rights to tax preparers who are not otherwise credentialed (like CPAs, attorneys, or enrolled agents). These limited rights allow them to represent clients before the IRS, but the scope of this representation is specifically defined. The AFSP participant can represent clients whose returns they prepared and signed, but only before certain IRS offices and only regarding those specific returns. The IRS Restructuring and Reform Act of 1998 (RRA 98) aimed to reorganize the IRS and enhance taxpayer rights, but it did not directly define or create the AFSP. Circular 230 governs the practice of attorneys, certified public accountants, enrolled agents, enrolled actuaries, and appraisers before the IRS. While AFSP participants are subject to certain aspects of Circular 230, the AFSP itself is not established by Circular 230. The AFSP was created administratively by the IRS to recognize the efforts of non-credentialed tax preparers who voluntarily pursue continuing education. The program aims to improve the quality of tax preparation services and protect taxpayers. The representation rights afforded to AFSP participants are narrower than those granted to credentialed professionals. The IRS’s authority to administer the AFSP stems from its general authority to oversee tax administration and ensure accurate tax return preparation.
Incorrect
The Annual Filing Season Program (AFSP) Record of Completion grants limited representation rights to tax preparers who are not otherwise credentialed (like CPAs, attorneys, or enrolled agents). These limited rights allow them to represent clients before the IRS, but the scope of this representation is specifically defined. The AFSP participant can represent clients whose returns they prepared and signed, but only before certain IRS offices and only regarding those specific returns. The IRS Restructuring and Reform Act of 1998 (RRA 98) aimed to reorganize the IRS and enhance taxpayer rights, but it did not directly define or create the AFSP. Circular 230 governs the practice of attorneys, certified public accountants, enrolled agents, enrolled actuaries, and appraisers before the IRS. While AFSP participants are subject to certain aspects of Circular 230, the AFSP itself is not established by Circular 230. The AFSP was created administratively by the IRS to recognize the efforts of non-credentialed tax preparers who voluntarily pursue continuing education. The program aims to improve the quality of tax preparation services and protect taxpayers. The representation rights afforded to AFSP participants are narrower than those granted to credentialed professionals. The IRS’s authority to administer the AFSP stems from its general authority to oversee tax administration and ensure accurate tax return preparation.