austin3515 Posted March 14, 2017 Posted March 14, 2017 What exactly is it that I can only do if I am in ERPA? Can I do a VCP for a plan where I prepare the 5500? Austin Powers, CPA, QPA, ERPA
Bill Presson Posted March 14, 2017 Posted March 14, 2017 I have it specifically to be able to have power of attorney for my clients since I'm not an attorney, CPA, enrolled actuary or enrolled agent. RatherBeGolfing 1 William C. Presson, ERPA, QPA, QKA bill.presson@gmail.com C 205.994.4070
Peter Gulia Posted March 14, 2017 Posted March 14, 2017 As Bill Presson explains, recognition as an ERPA can be useful for one who lacks the wider rights of practice that come with the first four categories of practitioners. 31 C.F.R. § 10.3(e)(2): Practice as an enrolled retirement plan agent is limited to representation with respect to issues involving the following programs: Employee Plans Determination Letter program; Employee Plans Compliance Resolution System; and Employee Plans Master and Prototype and Volume Submitter program. In addition, enrolled retirement plan agents are generally permitted to represent taxpayers with respect to IRS forms under the 5300 and 5500 series which are filed by retirement plans and plan sponsors, but not with respect to actuarial forms or schedules. http://www.ecfr.gov/cgi-bin/text-idx?SID=26de942d1f173f514d88111e2fe63237&mc=true&node=se31.1.10_13&rgn=div8 Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
austin3515 Posted March 14, 2017 Author Posted March 14, 2017 But I can get a POA if I merely prepare the 5500, irrespective of ERPA status. I think that's where I am looking for the delineation of can/cannots. Austin Powers, CPA, QPA, ERPA
austin3515 Posted March 14, 2017 Author Posted March 14, 2017 I found the answer I was looking for. Apparently absent ERPA you can only represent with respect to examinations of a form you prepared. Also, signing 5330/945's are two other things I thought of. Definitely means no VCP's. https://www.irs.gov/pub/irs-pdf/i2848.pdf Limited representation rights. Unenrolled return preparers may only represent taxpayers before revenue agents, customer service representatives, or similar officers and employees of the Internal Revenue Service (including the Taxpayer Advocate Service) during an examination of the taxable period covered by the tax return they prepared and signed (or prepared if there is no signature space on the form). Unenrolled return preparers cannot represent taxpayers, regardless of the circumstances requiring representation, before appeals officers, revenue officers, attorneys from the Office of Chief Counsel, or similar officers or employees of the Internal Revenue Service or the Department of Treasury. Unenrolled return preparers cannot execute closing agreements, extend the statutory period for tax assessments or collection of tax, execute waivers, execute claims for refund, or sign any document on behalf of a taxpayer. Austin Powers, CPA, QPA, ERPA
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