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NEW NYS TAX PREPARER NOTICE

  • 1.  NEW NYS TAX PREPARER NOTICE

    Silver Most Valuable Member
    Posted 11-17-2021 05:22 PM
    Has anyone seen the new notice from New York State that requires tax preparers to post the following items-prominently and conspicuously-at every location where you provide tax preparation or facilitation services to clients: 
    • a copy of your current Certificate of Registration, issued by the Tax Department
    • a current price list (see example) in at least fourteen-point type that includes, but is not limited to:

      • a list of all your tax return preparation and facilitation services
      • your minimum charge for each service, including each type of federal and New York State tax return for which you prepare or provide facilitation services
      • a list of the factors-and their associated fees-that may increase your stated charge

    • the Tax Department's Publication 135.1, Consumer Bill of Rights Regarding Tax Preparers

    The new posting requirements start on January 1, 2022, and the penalty for non-compliance is:

    • $500-for any failure-for the first month of noncompliance
    • $500-for any failure-for each subsequent month of noncompliance, up to $10,000 in a calendar year

    What more can the State do to make our lives miserable?

    ------------------------------
    Larry Prosky CPA
    Prosky & Rosenfeld LLP
    1025 Old Country Road
    Suite 403W
    Westbury, NY 11590
    (516) 873-9600 X1
    (516) 661-6020
    ------------------------------


  • 2.  RE: NEW NYS TAX PREPARER NOTICE

    Platinum Most Valuable Member
    Posted 11-17-2021 05:23 PM

    What if no taxpayers come to the home.   Must we include a disclosure notice such as this in the mail to our clients ?

     

     

    Abby

     

     

    Abby Alhante,  CPA

     

    Kurcias  & Alhante, LLC  CPAs

    525 Broadhollow Road   Suite 104

    Melville NY  11747

    516.829-5890  Ext  2   Fax 516-829-3976

    Mobile 516-381-9301

    AbbyA@KurciasAlhanteCPAs.com

    ( E mail response preferred )

     

     






  • 3.  RE: NEW NYS TAX PREPARER NOTICE

    Gold Most Valuable Member
    Posted 11-17-2021 06:07 PM
    Abby, do you have a NYS Tax Preparer Registration Certificate  

    Alfonso J. Mollica CPA

    Alfonso J. Mollica CPA, P.C.

    Thank you.

    AMollica@AJMCPA.COM

    www.AJMCPA.com

    Office  (516) 597-4991

    Fax       (516) 796-1585

    You can now book your own appointment for tax season or any other matter using https://ajmollica.youcanbook.me/

    "If you think hiring a professional is expensive, try hiring an amateur."

    This message is intended only for the personal and confidential use of the designated recipient(s) named above. if you are not the intended recipient of this message you are hereby notified that any review, dissemination, distribution or copying of this message is strictly prohibited.






  • 4.  RE: NEW NYS TAX PREPARER NOTICE

    Silver Most Valuable Member
    Posted 11-17-2021 06:12 PM
    I don't think that CPAs are not required to register for this.  But there may be some alternative that we have to display.

    --
    Larry Prosky CPA
    Prosky & Rosenfeld LLP CPAs

    1025 Old Country Road
    Suite 403 W
    Westbury, NY 11590
    Direct: 516-873-9600 x1
    Fax: 516-873-9602
    Cell: 516-785-5658 or 516-661-6020
    e-mail: larry@prcpallp.com


    Any accounting, business or tax advice contained in this communication, including attachments and enclosures, is not intended as a thorough, in-depth analysis of specific issues, nor a substitute for a formal opinion, nor is it sufficient to avoid tax-related penalties.  If desired, Prosky & Rosenfeld LLP CPAs would be pleased to perform the required research and provide you with a detailed written analysis.  Such an engagement may be the subject of a separate engagement letter that would define the scope and limits of the desired consultation services.  


    Privileged and confidential-this communication and any accompanying documents are confidential and privileged.  They are  intended for the sole use of the addressee.  If you receive this transmission in error, you are advised that any disclosure, copying, distribution or the taking of any action in reliance upon this communication is strictly prohibited.  Moreover, any such disclosure shall not compromise or waive the accountant-client, or other privileges, as to this communication or otherwise.  If you have received this communication in error, please contact me at the above e-mail address.  Thank you.
     





  • 5.  RE: NEW NYS TAX PREPARER NOTICE

    Silver Most Valuable Member
    Posted 11-18-2021 07:49 AM
    CPA's are exempt from this

    ------------------------------
    Craig Wild
    Wild, Maney & Resnick, LLP
    Woodbury NY
    ------------------------------



  • 6.  RE: NEW NYS TAX PREPARER NOTICE

    Silver Most Valuable Member
    Posted 11-18-2021 08:04 AM
    From what I can tell, CPAs are exempt from the registration part but not from the posting requirement.

    Also, while CPAs are exempt from the tax return prep part of the registration, there is also a "facilitator" provision and I don't think anyone is exempt from that, if it applies.  This has to do with Refund Anticipation Loans which I doubt many CPAs are involved in.  More for the store -front tax preparers.

    --
    Larry Prosky CPA
    Prosky & Rosenfeld LLP CPAs

    1025 Old Country Road
    Suite 403 W
    Westbury, NY 11590
    Direct: 516-873-9600 x1
    Fax: 516-873-9602
    Cell: 516-785-5658 or 516-661-6020
    e-mail: larry@prcpallp.com


    Any accounting, business or tax advice contained in this communication, including attachments and enclosures, is not intended as a thorough, in-depth analysis of specific issues, nor a substitute for a formal opinion, nor is it sufficient to avoid tax-related penalties.  If desired, Prosky & Rosenfeld LLP CPAs would be pleased to perform the required research and provide you with a detailed written analysis.  Such an engagement may be the subject of a separate engagement letter that would define the scope and limits of the desired consultation services.  


    Privileged and confidential-this communication and any accompanying documents are confidential and privileged.  They are  intended for the sole use of the addressee.  If you receive this transmission in error, you are advised that any disclosure, copying, distribution or the taking of any action in reliance upon this communication is strictly prohibited.  Moreover, any such disclosure shall not compromise or waive the accountant-client, or other privileges, as to this communication or otherwise.  If you have received this communication in error, please contact me at the above e-mail address.  Thank you.
     





  • 7.  RE: NEW NYS TAX PREPARER NOTICE

    Bronze Most Valuable Member
    Posted 11-18-2021 09:42 AM
    Am I reading something wrong?  The state notice says that CPA's are excluded from the definition of tax preparer.
    There is a link in the notice (under "More Information") to Who is a Tax Return Preparer or Facilitator and it excludes CPA's from the definition of Tax Return Preparer.
    Does anyone read it differently?


    Jay P. Haberman, CPA
    36 Harriet Dr, Syosset, NY 11791
    Tel: 516-775-0175 / Fax: 516-673-4050





  • 8.  RE: NEW NYS TAX PREPARER NOTICE

    Bronze Most Valuable Member
    Posted 11-18-2021 08:08 AM
    Again, we need the state society to clarify what CPA's are required to do, if anything. Another surprise without a heads up!

    I didn't realize I am now H&R Block or a deli with a price list based on the amount of "meat" I include in the sandwich.

    Jerry
    --
    Gerald S. Cohen, CPA
    cell 516 455-0643





  • 9.  RE: NEW NYS TAX PREPARER NOTICE

    Posted 11-18-2021 09:53 AM

    If you did not consider retiring, after surviving the last 2 years, perhaps you should reevaluate. 

     

    Stay healthy!! Stay positive, test negative!!

    David

    David Vishnia, CPA






  • 10.  RE: NEW NYS TAX PREPARER NOTICE

    Bronze Most Valuable Member
    Posted 11-18-2021 09:53 AM

    I believe this does not apply to attorneys and CPAs. I believe we are exempt from this requirement.

     

    Stay well, and be happy, Ed Heben

    .

    Edward D. Heben, CPA/ABV/CFF, CVA, AEP, CMEA * Edward D. Heben, CPA, P.C.

    722 Commerce Street, Thornwood, NY 10594, (T) 914-579-2700, (F) 914-345-8652

     

    (E) eheben@HGValue.Com * Website: www.HGValue.Com

     

    CPA = Certified Public Accountant

    ABV = Accredited in Business Valuations

    CFF = Certified in Financial Forensics

    CVA = Certified Valuation Analyst

    AEP = Accredited Estate Planner

    CMEA = Certified Machinery & Equipment Appraiser

     

    View my profile on LinkedIn:  View my profile on LinkedIn

     

    Proud to serve as a Trustee at Calvary Hospital: www.calvaryhospital.org

    .

    Notice: Any conclusions reached in this email, or any of its attachments, are based on stated facts and current tax law; and, any change in facts or current tax regulations can have a significant impact on the conclusions reached. In addition, this email, and its attachments,  may contain confidential and privileged information. If you are not the intended recipient, or a responsible employee/agent thereof, please note that any disclosure, copying, distribution, storage, or use of this transmission, or any attachment, is strictly prohibited. If you have received this e-mail in error, kindly notify the sender, and then delete it, and your reply. Thank you.

     






  • 11.  RE: NEW NYS TAX PREPARER NOTICE

    Bronze Most Valuable Member
    Posted 11-18-2021 12:09 PM
    This is crazy. I hope as CPAs we're exempt. Price list? Can we just put 'it depends on how many headaches you bring'?

    -James



    Your CPA on the go
    HallCPAGroup.com





  • 12.  RE: NEW NYS TAX PREPARER NOTICE

    Posted 11-18-2021 12:48 PM
    If you click the link to "who is a tax preparer":

    Tax return preparer

    A tax return preparer is an individual who is paid to prepare a substantial portion of any New York State tax return or report. This includes:

    • employees of a tax return preparer or commercial tax return preparation business who prepare tax returns for clients, and
    • partners who prepare returns for clients of a partnership engaged in a commercial tax return preparation business.

    Excluded from the definition of tax return preparer are:

    • attorneys,
    • certified public accountants (CPAs),
    • public accountants (PAs),
    • enrolled agents (EAs),
    • volunteer tax preparers,
    • employees who are supervised by attorneys, CPAs, PAs, or EAs, and
    • employees of a business preparing only the business' tax returns.

    Note: If you qualify as a facilitator, you must register as a facilitator-even if you're exempt from registering as a tax return preparer.

    Commercial tax return preparer

    A commercial preparer is a preparer who:

    • will be paid to prepare at least one New York State tax return or report in the current calendar year, and
    • was paid to prepare 10 or more New York State tax returns or reports in the previous calendar year;

    or

    • will be paid to prepare 10 or more New York State tax returns or reports in the current calendar year.

    Facilitator

    A facilitator is a person who individually or with someone else:

    • solicits the execution of, processes, receives, or accepts an application or agreement for a refund anticipation loan (RAL) or refund anticipation check (RAC),
    • serves or collects on a RAL or RAC, or
    • facilitates making a RAL or RAC.


    ------------------------------
    Joseph Sofo
    CPA
    KURCIAS, JAFFE & COMPANY, LLP
    Westbury NY
    ------------------------------



  • 13.  RE: NEW NYS TAX PREPARER NOTICE

    Posted 11-18-2021 12:52 PM
    I checked the website - 


    Excluded from the definition of tax return preparer are:

    • attorneys,
    • certified public accountants (CPAs),
    • public accountants (PAs),
    • enrolled agents (EAs),
    • volunteer tax preparers,
    • employees who are supervised by attorneys, CPAs, PAs, or EAs, and
    • employees of a business preparing only the business' tax returns.


    ------------------------------
    Dianne Gallo
    IVES & SULTAN, LLP
    Woodbury NY
    ------------------------------



Discussion Disclaimer

The opinions expressed are the views of the author alone and should not be attributed to any other individual or entity and shall not constitute an accounting opinion.