After the IRS created the Registered Tax Return Preparer program based on licensing of tax preparers they were sued. In court, and in appeal, they were not found to have statutory authority to regulate unenrolled preparers. Senator Rob Portman has introduced a new bill that would grant the IRS the authority that they need to reinstate the RTRP, but they do not expect it be enacted soon. Since the revocation of the RTRP, the IRS has been facilitating the voluntary Annual Filling Season Program to give tax preparers a way to achieve a type designation that will give their customers some sense of confidence in their abilities. The program does require a large test, continuing education and consent to be regulated under circular 230.
More information on the AFSP program can be found here: https://www.preparertraining.com/product/aftr-irs-annual-federal-tax-refresher-course/
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