What is an Enrolled Retirement Plan Agent allowed to do?

Retirement plan documents now is mostly about IRS-preapproved documents, and seldom does an employer apply for a determination.

Beyond Form 5300 applications, what is it that enrollment as a retirement plan agent permits an ERPA to do (that one could not do without enrollment)?

Is it only about the Employee Plans Compliance Resolution System?

Does the right to represent a taxpayer in the IRS’s examination of a Form 5500 report matter?

Is there something else allowed for an ERPA (but precluded for others)?

I, as an ERPA, get to pick the beer for the office on Fridays.

But really, I think it's just stuff like that....VCP applications, determination letters, and audits of plans other than any actuarial calculations.

Bri, thank you for helping me.

You want to take a look at Section 10.3(e)(2) of IRS Circular 230, which says:

"(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."  

https://www.irs.gov/pub/irs-pdf/pcir230.pdf

You should also take a look the opinion in Loving v IRS, No. 13-5061 (Feb. 11, 2014) and Section 10.32 of IRS Circular 230, which says:

"Nothing in the regulations in this part may be construed as authorizing persons not members of the bar to practice law."

Copy of the Loving opinion is online at https://www.cadc.uscourts.gov/internet/opinions.nsf/B63C3129A4FE761985257C7C00539949/$file/13-5061-1479431.pdf

23 hours ago, Fiduciary Guidance Counsel said:

 

Is there something else allowed for an ERPA (but precluded for others)?

Form 2848.  You are still limited in practice areas but getting a POA to speak to the IRS directly is a big plus for practitioners who are not an attorney, CPA/EA, or enrolled actuary.

On 8/10/2018 at 4:21 PM, Bri said:

I, as an ERPA, get to pick the beer for the office on Fridays.

I must have missed that in Circular 230! 

1 hour ago, CuseFan said:

I must have missed that in Circular 230! 

As a non-ERPA, I wonder how you could miss the most important duty!

It is a moot issue.  You can no longer earn the ERPA designation.

1 minute ago, PamB said:

It is a moot issue.  You can no longer earn the ERPA designation.

It isn't a moot issue since current ERPAs are still ERPAs...

1 minute ago, RatherBeGolfing said:

It isn't a moot issue since current ERPAs are still ERPAs...

 

I guess that I read the question as "Is it worth me trying to get the ERPA designation?"  A third of my staff has the ERPA so I fully understand their value.  I only wish that I was able to get more of my people to have that certification.  We pay for their education so we have QKAs, QPAs, etc. on staff and they really don't want to become an E.A. or a CPA as their expertise is limited to retirement plans.

21 minutes ago, PamB said:

I guess that I read the question as "Is it worth me trying to get the ERPA designation?"  A third of my staff has the ERPA so I fully understand their value.  I only wish that I was able to get more of my people to have that certification.  We pay for their education so we have QKAs, QPAs, etc. on staff and they really don't want to become an E.A. or a CPA as their expertise is limited to retirement plans.

No worries, makes sense if that is how you read the question.   Maybe they will open it back up in 10-15 years when there is enough demand again.

Does anyone have the number on how many ERPAs are so registered with the IRS?

They actually have a listing. Let me see if I can find it for you.

Hi Peter - here you go.

https://www.irs.gov/pub/irs-utl/list_erpas.pdf

Thanks!