What is an
Enrolled Agent?
An Enrolled Agent (EA)
is a federally-authorized tax practitioner who
has technical expertise in the field of taxation
and who is empowered by the U.S. Department of
the Treasury to represent taxpayers before all
administrative levels of the Internal Revenue
Service for audits, collections, and appeals.
What does the
term “Enrolled Agent” mean?
“Enrolled” means to be
licensed to practice by the federal government,
and “Agent” means authorized to appear in the
place of the taxpayer at the IRS. Only Enrolled
Agents, attorneys, and CPAs may represent
taxpayers before the IRS. The Enrolled Agent
profession dates back to 1884 when, after
questionable claims had been presented for Civil
War losses, Congress acted to regulate persons
who represented citizens in their dealings with
the U.S. Treasury Department.
How does one
become an Enrolled Agent?
The license is earned
in one of two ways, by passing a
comprehensive examination which covers all
aspects of the tax code, or having worked at the
IRS for five years in a position which regularly
interpreted and applied the tax code and its
regulations. All candidates are subjected to a
rigorous background check conducted by the IRS.
How can
Enrolled Agent help me?
Enrolled Agents advise,
represent, and prepare tax returns for
individuals, partnerships, corporations,
estates, trusts, and any entities with
tax-reporting requirements. Enrolled Agents’
expertise in the continually changing field of
taxation enables them to effectively represent
taxpayers audited by the IRS.
Privilege and
the Enrolled Agent
The IRS Restructuring
and Reform Act of 1998 allow federally
authorized practitioners (those bound by the
Department of Treasury’s Circular 230
regulations) a limited client privilege. This
privilege allows confidentiality between the
taxpayer and the Enrolled Agent under certain
conditions. The privilege applies to situations
in which the taxpayer is being represented in
cases involving audits and collection matters.
It is not applicable to the preparation and
filing of a tax return. This privilege does not
apply to state tax matters, although a number of
states have an accountant-client privilege.
Are Enrolled
Agents required to take continuing professional
education?
In addition to the
stringent testing and application process, the
IRS requires Enrolled Agents to complete 72
hours of continuing professional education,
reported every three years, to maintain their
Enrolled Agent status. NAEA members are
obligated to complete 90 hours per three year
reporting period. Because of the knowledge
necessary to become an Enrolled Agent and the
requirements to maintain the license, there are
only about 46,000 practicing Enrolled Agents.
What are the
differences between Enrolled Agents and other
tax professionals?
Only Enrolled Agents
are required to demonstrate to the IRS their
competence in matters of taxation before they
may represent a taxpayer before the IRS. Unlike
attorneys and CPAs, who may or may not choose to
specialize in taxes, all Enrolled Agents
specialize in taxation. Enrolled Agents are the
only taxpayer representatives who receive their
right to practice from the U.S. government (CPAs
and attorneys are licensed by the states).
Are Enrolled
Agents bound by any ethical standards?
Enrolled Agents are
required to abide by the provisions of the
Department of Treasury’s Circular 230, which
provides the regulations governing the practice
of Enrolled Agents before the IRS. NAEA members
are also bound by a Code of Ethics and Rules of
Professional Conduct of the Association.