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Duties of a Return Preparer to Retain Return Copies

  • Return must contain preparer’s full address.
  • Copy of completed return must be furnished to taxpayer at time of preparation completion.
  • A return preparer must either keep a copy of the return on file or keep a list including name and taxpayer ID number of each return prepared., The record should indicate the type of return prepared., If multiple preparers are in an office, the name of the preparer needs to also be in the record., This record information must be kept on file for 3 years after close of the return period during which the return was given to the taxpayer (or 3 years from the return’s due date if it is due (including extensions) after the return period in which it was presented for signature). The return period for this purpose is the 12-month period ending July 1 of each calendar year. (Sec. 6107(d))
  • The IRS has jurisdiction to request the preparer’s list or copies of returns without violating the preparer’s rights.
  • In an employment arrangement, only the employer has the obligation to retain return copies or a list.
  • A computerized service is excused from retaining copies--e.g., a service bureau.
  • When a preparer sells a business, he/she retains the obligation to keep copies of returns., However, the preparer can transfer the retained returns to the buyer under an arrangement that recognized the record retention requirement; the seller remains liable should the buyer fail to keep the records., Note: The seller should retain a list of the clients sold--this meets the IRS requirement for record retention.

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