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Do you put a circular 230 blurb in your e-mail

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As an ERPA, do you put a Circular 230 blurb at the bottom of your correspondence?

Just e-mails?  I can't remember ever getting any paper correspondence with that disclaimer on it (nor can I remember I got any paper correspondence from an ERPA).


Two wrongs don't make a right, but three rights make a left.

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No, I do not put it on the bottom of my e-mail. Ilene Ferenczy usually addresses it in her ethics webinars and explains it much better than I can. 

Usually it is explained that the Circular 230 update a few years ago changed the disclosure requirement because the e-mail disclosures weren't really effective disclaimers. The updated guidance says specifically to NOT put one in there. it isn't effective, and probably demonstrates a lack of keeping up with the guidance about Circular 230. 

Here is a quick article on the change. 


My experience prior to the change: yes, I would receive paper correspondence from CPAs and attorneys with a disclosure. 


I'm a stranger on the internet. Nothing I write is tax or legal advice. 

I'd like a witty saying here, but I don't have any. When in doubt, what does the plan document say?

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If one uses a warning that an e-mail or some other writing must not be relied on, at least remove from it anything that says or suggests that the Treasury department or the IRS requires the warning.  The IRS now treats such a statement as false or misleading.

Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania



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