§7216 — Disclosure or use of information by preparers of returns
Statute Text — 26 U.S.C. §7216
Any person who is engaged in the business of preparing, or providing services in connection with the preparation of, returns of the tax imposed by chapter 1, or any person who for compensation prepares any such return for any other person, and who knowingly or recklessly—
discloses any information furnished to him for, or in connection with, the preparation of any such return, or
uses any such information for any purpose other than to prepare, or assist in preparing, any such return,
shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $1,000 ($100,000 in the case of a disclosure or use to which section 6713(b) applies), or imprisoned not more than 1 year, or both, together with the costs of prosecution.
Subsection (a) shall not apply to a disclosure of information if such disclosure is made—
pursuant to any other provision of this title, or
pursuant to an order of a court.
Subsection (a) shall not apply to the use of information in the preparation of, or in connection with the preparation of, State and local tax returns and declarations of estimated tax of the person to whom the information relates.
Subsection (a) shall not apply to a disclosure or use of information which is permitted by regulations prescribed by the Secretary under this section. Such regulations shall permit (subject to such conditions as such regulations shall provide) the disclosure or use of information for quality or peer reviews.
Treasury Regulations
-
Treas. Reg. §301.7216-0Table of contents
This section lists captions contained in §§ 301.7216-1 through 301.7216-3.
(a) In general.
(b) Definitions.
(c) Gramm-Leach-Bliley Act.
(d) Effective date.
(a) Disclosure pursuant to other provisions of the Internal Revenue Code.
(b) Disclosures to the IRS.
(c) Disclosures or uses for preparation of a taxpayer's return.
(d) Disclosures to other tax return preparers.
(e) Disclosure or use of information in the case of related taxpayers.
(f) Disclosure pursuant to an order of a court, or an administrative order, demand, request, summons or subpoena which is issued in the performance of its duties by a Federal or State agency, the United States Congress, a professional association ethics committee or board, or the Public Company Accounting Oversight Board.
(g) Disclosure for use in securing legal advice, Treasury investigations or court proceedings.
(h) Certain disclosures by attorneys and accountants.
(i) Corporate fiduciaries.
(j) Disclosure to taxpayer's fiduciary.
(k) Disclosure or use of information in preparation or audit of State or local tax returns or assisting a taxpayer with foreign country tax obligations.
(l) Payment for tax preparation services.
(m) Retention of records.
(n) Lists for solicitation of tax return preparation business.
(o) Producing statistical information in connection with tax return preparation business.
(p) Disclosure or use of information for quality, peer, or conflict reviews.
(q) Disclosure to report the commission of a crime.
(r) Disclosure of tax return information due to a tax return preparer's incapacity or death.
(s) Effective date.
(a) In general.
(b) Timing requirements and limitations.
(c) Special rules.
(d) Effective date.
-
Treas. Reg. §301.7216-0(a)In general.
In general.
-
Treas. Reg. §301.7216-0(b)Timing requirements and limitations.
Timing requirements and limitations.
-
Treas. Reg. §301.7216-0(c)Special rules.
Special rules.
-
Treas. Reg. §301.7216-0(d)Effective date.
Effective date.
-
Treas. Reg. §301.7216-0(e)Disclosure or use of information in the case of related taxpayers.
Disclosure or use of information in the case of related taxpayers.
-
Treas. Reg. §301.7216-0(f)Disclosure pursuant to an order of a court, or an administrative order, demand, request, summons or subpoena which is issued in the performance of its duties by a Federal or State agency, the United States Congress, a professional association ethics committee or board, or the Public Company Accounting Oversight Board.
Disclosure pursuant to an order of a court, or an administrative order, demand, request, summons or subpoena which is issued in the performance of its duties by a Federal or State agency, the United States Congress, a professional association ethics committee or board, or the Public Company Accounting Oversight Board.
-
Treas. Reg. §301.7216-0(g)Disclosure for use in securing legal advice, Treasury investigations or court proceedings.
Disclosure for use in securing legal advice, Treasury investigations or court proceedings.
-
Treas. Reg. §301.7216-0(h)Certain disclosures by attorneys and accountants.
Certain disclosures by attorneys and accountants.
-
Treas. Reg. §301.7216-0(i)Corporate fiduciaries.
Corporate fiduciaries.
-
Treas. Reg. §301.7216-0(j)Disclosure to taxpayer's fiduciary.
Disclosure to taxpayer's fiduciary.
-
Treas. Reg. §301.7216-0(k)Disclosure or use of information in preparation or audit of State or local tax returns or assisting a taxpayer with foreign country tax obligations.
Disclosure or use of information in preparation or audit of State or local tax returns or assisting a taxpayer with foreign country tax obligations.
-
Treas. Reg. §301.7216-0(l)Payment for tax preparation services.
Payment for tax preparation services.
-
Treas. Reg. §301.7216-0(m)Retention of records.
Retention of records.
-
Treas. Reg. §301.7216-0(n)Lists for solicitation of tax return preparation business.
Lists for solicitation of tax return preparation business.
-
Treas. Reg. §301.7216-0(o)Producing statistical information in connection with tax return preparation business.
Producing statistical information in connection with tax return preparation business.
-
Treas. Reg. §301.7216-0(p)Disclosure or use of information for quality, peer, or conflict reviews.
Disclosure or use of information for quality, peer, or conflict reviews.
-
Treas. Reg. §301.7216-0(q)Disclosure to report the commission of a crime.
Disclosure to report the commission of a crime.
-
Treas. Reg. §301.7216-0(r)Disclosure of tax return information due to a tax return preparer's incapacity or death.
Disclosure of tax return information due to a tax return preparer's incapacity or death.
-
Treas. Reg. §301.7216-0(s)Effective date.
Effective date.
-
Treas. Reg. §301.7216-1Penalty for disclosure or use of tax return information
(a) In general. Section 7216(a) prescribes a criminal penalty for tax return preparers who knowingly or recklessly disclose or use tax return information for a purpose other than preparing a tax return. A violation of section 7216 is a misdemeanor, with a maximum penalty of up to one year imprisonment or a fine of not more than $1,000, or both, together with the costs of prosecution. Section 7216(b) establishes exceptions to the general rule in section 7216(a) prohibiting disclosure and use. Section 7216(b) also authorizes the Secretary to promulgate regulations prescribing additional permitted disclosures and uses. Section 6713(a) prescribes a related civil penalty for disclosures and uses that constitute a violation of section 7216. The penalty for violating section 6713 is $250 for each prohibited disclosure or use, not to exceed a total of $10,000 for a calendar year. Section 6713(b) provides that the exceptions in section 7216(b) also apply to section 6713. Under section 7216(b), the provisions of section 7216(a) will not apply to any disclosure or use permitted under regulations prescribed by the Secretary.
(b) Definitions. For purposes of section 7216 and §§ 301.7216-1 through 301.7216-3:
(1) Tax return. The term tax return means any return (or amended return) of income tax imposed by chapter 1 of the Internal Revenue Code.
(2) Tax return preparer—(i) In general. The term tax return preparer means:
(A) Any person who is engaged in the business of preparing or assisting in preparing tax returns;
(B) Any person who is engaged in the business of providing auxiliary services in connection with the preparation of tax returns, including a person who develops software that is used to prepare or file a tax return and any Authorized IRS e-file Provider;
(C) Any person who is otherwise compensated for preparing, or assisting in preparing, a tax return for any other person; or
(D) Any individual who, as part of their duties of employment with any person described in paragraph (b)(2)(i)(A), (B), or (C) of this section performs services that assist in the preparation of, or assist in providing auxiliary services in connection with the preparation of, a tax return.
(ii) Business of preparing returns. A person is engaged in the business of preparing tax returns as described in paragraph (b)(2)(i)(A) of this section if, in the course of the person's business, the person holds himself out to tax return preparers or taxpayers as a person who prepares tax returns or assists in preparing tax returns, whether or not tax return preparation is the person's sole business activity and whether or not the person charges a fee for tax return preparation services.
(iii) Providing auxiliary services. A person is engaged in the business of providing auxiliary services in connection with the preparation of tax returns as described in paragraph (b)(2)(i)(B) of this section if, in the course of the person's business, the person holds himself out to tax return preparers or to taxpayers as a person who performs auxiliary services, whether or not providing the auxiliary services is the person's sole business activity and whether or not the person charges a fee for the auxiliary services. Likewise, a person is engaged in the business of providing auxiliary services if, in the course of the person's business, the person receives a taxpayer's tax return information from another tax return preparer pursuant to the provisions of § 301.7216-2(d)(2).
(iv) Otherwise compensated. A tax return preparer described in paragraph (b)(2)(i)(C) of this section includes any person who—
(A) Is compensated for preparing a tax return for another person, but not in the course of a business; or
(B) Is compensated for helping, on a casual basis, a relative, friend, or other acquaintance to prepare their tax return.
(v) Exclusions. A person is not a tax return preparer merely because he leases office space to a tax return preparer, furnishes credit to a taxpayer whose tax return is prepared by a tax return preparer, furnishes information to a tax return preparer at the taxpayer's request, furnishes access (free or otherwise) to a separate person's tax return preparation Web site through a hyperlink on his own Web site, or otherwise performs some service that only incidentally relates to the preparation of tax returns.
(vi) Examples. The application of § 301.7216-1(b)(2) may be illustrated by the following examples:
(3) Tax return information—(i) In general. The term tax return information means any information, including, but not limited to, a taxpayer's name, address, or identifying number, which is furnished in any form or manner for, or in connection with, the preparation of a tax return of the taxpayer. This information includes information that the taxpayer furnishes to a tax return preparer and information furnished to the tax return preparer by a third party. Tax return information also includes information the tax return preparer derives or generates from tax return information in connection with the preparation of a taxpayer's return.
(A) Tax return information can be provided directly by the taxpayer or by another person. Likewise, tax return information includes information received by the tax return preparer from the IRS in connection with the processing of such return, including an acknowledgment of acceptance or notice of rejection of an electronically filed return.
(B) Tax return information includes statistical compilations of tax return information, even in a form that cannot be associated with, or otherwise identify, directly or indirectly, a particular taxpayer. See § 301.7216-2(o) for limited use of tax return information to make statistical compilations without taxpayer consent and to use the statistical compilations for limited purposes.
(C) Tax return information does not include information identical to any tax return information that has been furnished to a tax return preparer if the identical information was obtained otherwise than in connection with the preparation of a tax return.
(D) Information is considered “in connection with tax return preparation,” and therefore tax return information, if the taxpayer would not have furnished the information to the tax return preparer but for the intention to engage, or the engagement of, the tax return preparer to prepare the tax return.
(ii) Examples. The application of this paragraph (b)(3) may be illustrated by the following examples:
(4) Use—(i) In general. Use of tax return information includes any circumstance in which a tax return preparer refers to, or relies upon, tax return information as the basis to take or permit an action.
(ii) Example. The application of this paragraph (b)(4) may be illustrated by the following example:
(5) Disclosure. The term disclosure means the act of making tax return information known to any person in any manner whatever. To the extent that a taxpayer's use of a hyperlink results in the transmission of tax return information, this transmission of tax return information is a disclosure by the tax return preparer subject to penalty under section 7216 if not authorized by regulation.
(6) Hyperlink. For purposes of section 7216, a hyperlink is a device used to transfer an individual using tax preparation software from a tax return preparer's Web page to a Web page operated by another person without the individual having to separately enter the Web address of the destination page.
(7) Request for consent. A request for consent includes any effort by a tax return preparer to obtain the taxpayer's consent to use or disclose the taxpayer's tax return information. The act of supplying a taxpayer with a paper or electronic form that meets the requirements of a revenue procedure published pursuant to § 301.7216-3(a) is a request for a consent. When a tax return preparer requests a taxpayer's consent, any associated efforts of the tax return preparer, including, but not limited to, verbal or written explanations of the form, are part of the request for consent.
(c) Gramm-Leach-Bliley Act. Any applicable requirements of the Gramm-Leach-Bliley Act, Public Law 106-102 (113 Stat. 1338), do not supersede, alter, or affect the requirements of section 7216 and §§ 301.7216-1 through 301.7216-3. Similarly, the requirements of section 7216 and §§ 301.7216-1 through 301.7216-3 do not override any requirements or restrictions of the Gramm-Leach-Bliley Act, which are in addition to the requirements or restrictions of section 7216 and §§ 301.7216-1 through 301.7216-3.
(d) Effective/applicability date. This section applies to disclosures or uses of tax return information occurring on or after January 1, 2009.
-
Treas. Reg. §301.7216-1(a)In general.
In general. Section 7216(a) prescribes a criminal penalty for tax return preparers who knowingly or recklessly disclose or use tax return information for a purpose other than preparing a tax return. A violation of section 7216 is a misdemeanor, with a maximum penalty of up to one year imprisonment or a fine of not more than $1,000, or both, together with the costs of prosecution. Section 7216(b) establishes exceptions to the general rule in section 7216(a) prohibiting disclosure and use. Section 7216(b) also authorizes the Secretary to promulgate regulations prescribing additional permitted disclosures and uses. Section 6713(a) prescribes a related civil penalty for disclosures and uses that constitute a violation of section 7216. The penalty for violating section 6713 is $250 for each prohibited disclosure or use, not to exceed a total of $10,000 for a calendar year. Section 6713(b) provides that the exceptions in section 7216(b) also apply to section 6713. Under section 7216(b), the provisions of section 7216(a) will not apply to any disclosure or use permitted under regulations prescribed by the Secretary.
-
Treas. Reg. §301.7216-1(b)Definitions.
Definitions. For purposes of section 7216 and §§ 301.7216-1 through 301.7216-3:
(1) Tax return. The term tax return means any return (or amended return) of income tax imposed by chapter 1 of the Internal Revenue Code.
(2) Tax return preparer—(i) In general. The term tax return preparer means:
(A) Any person who is engaged in the business of preparing or assisting in preparing tax returns;
(B) Any person who is engaged in the business of providing auxiliary services in connection with the preparation of tax returns, including a person who develops software that is used to prepare or file a tax return and any Authorized IRS e-file Provider;
(C) Any person who is otherwise compensated for preparing, or assisting in preparing, a tax return for any other person; or
(D) Any individual who, as part of their duties of employment with any person described in paragraph (b)(2)(i)(A), (B), or (C) of this section performs services that assist in the preparation of, or assist in providing auxiliary services in connection with the preparation of, a tax return.
(ii) Business of preparing returns. A person is engaged in the business of preparing tax returns as described in paragraph (b)(2)(i)(A) of this section if, in the course of the person's business, the person holds himself out to tax return preparers or taxpayers as a person who prepares tax returns or assists in preparing tax returns, whether or not tax return preparation is the person's sole business activity and whether or not the person charges a fee for tax return preparation services.
(iii) Providing auxiliary services. A person is engaged in the business of providing auxiliary services in connection with the preparation of tax returns as described in paragraph (b)(2)(i)(B) of this section if, in the course of the person's business, the person holds himself out to tax return preparers or to taxpayers as a person who performs auxiliary services, whether or not providing the auxiliary services is the person's sole business activity and whether or not the person charges a fee for the auxiliary services. Likewise, a person is engaged in the business of providing auxiliary services if, in the course of the person's business, the person receives a taxpayer's tax return information from another tax return preparer pursuant to the provisions of § 301.7216-2(d)(2).
(iv) Otherwise compensated. A tax return preparer described in paragraph (b)(2)(i)(C) of this section includes any person who—
(A) Is compensated for preparing a tax return for another person, but not in the course of a business; or
(B) Is compensated for helping, on a casual basis, a relative, friend, or other acquaintance to prepare their tax return.
-
Treas. Reg. §301.7216-1(c)Gramm-Leach-Bliley Act.
Gramm-Leach-Bliley Act. Any applicable requirements of the Gramm-Leach-Bliley Act, Public Law 106-102 (113 Stat. 1338), do not supersede, alter, or affect the requirements of section 7216 and §§ 301.7216-1 through 301.7216-3. Similarly, the requirements of section 7216 and §§ 301.7216-1 through 301.7216-3 do not override any requirements or restrictions of the Gramm-Leach-Bliley Act, which are in addition to the requirements or restrictions of section 7216 and §§ 301.7216-1 through 301.7216-3.
-
Treas. Reg. §301.7216-1(d)Effective/applicability date.
Effective/applicability date. This section applies to disclosures or uses of tax return information occurring on or after January 1, 2009.
0 Citing Cases
No citing cases found in the corpus.