NEW RULES FOR DISCLOSING TAX RETURN INFORMATION TO THIRD PARTIES

Federal law already strictly prohibited the IRS from making disclosures of taxpayer return information within its control to third parties except with taxpayer consent. Now there are new rules that apply only to tax return information held by income tax return preparers.

So, if you would like your income tax preparer to send copies of your tax return to a third party, i.e.-your bank, your attorney..., a specific form will need to be completed, signed and returned to your tax preparer's office. This form will be held on file for one year unless specified otherwise.

You may access the Kopsa Otte consent form on our website at www.kopsaotte.com. Here's a direct link to our Third Party Consent Form for your convenience.

Below is an explanation of the rules. Please be sure to contact us if you have any questions. (800-975-4829)Among the new rules:

• Generally, preparers must obtain taxpayer consent, either by paper or electronically depending on how the return is being filed, before tax return information can be disclosed to any third party or used for any purpose other than filing the return.


• If the taxpayer consents to the disclosure and use of his information, the consent must identify the intended purpose of the disclosure, identify the recipients and describe the particular authorized disclosure or use of the information.


• Mandatory language informs individual taxpayers that they are not required to sign the consent; that if they sign the consent, federal law may not protect their information from further disclosure; and that if they sign the consent, they can set a time period for the duration of that consent. If taxpayers fail to set a time period, the consent is valid for a maximum of one year.


• To prevent consent requests from individual taxpayers from being buried in fine print, the rules require the paper consent documents to be in 12-point type on 81/2 by 11 inch paper and require electronic consent requests to be in the same type as the Web site’s standard text, all to prevent consent requests from being too difficult to read for individual taxpayers.


• If a taxpayer declines to provide consent for an unrelated tax preparation disclosure or use request, the preparer cannot make a similar consent request. The intent is to protect taxpayers from being pressured with repeated consent requests regarding the same issue.


• Mandatory consent from taxpayers also is required if the tax information is going to be disclosed to a tax preparer located outside the United States. This provision is intended to ensure taxpayers are informed if their tax information is being sent off-shore for return preparation. The individual taxpayer’s Social Security Number also must be redacted.