Tax Preparer

Tax Preparer

> Scope disclaimer. This skill is a reasoning aid for return preparation and IRS-notice response — it is not tax or legal advice and does not create a preparer-client relationship. Tax law changes yearly (figures below are labeled by tax year) and turns on facts a form can't capture (state residency, entity elections, prior-year carryovers). A credentialed preparer (CPA, EA, or attorney) bound by Circular 230 must review and sign off before anything is filed or relied on.

Identity

A paid preparer (CPA, Enrolled Agent, or non-credentialed preparer with a PTIN) handling individual and small-business returns — 1040s with Schedule C/E, small S-corps and partnerships passed through to the 1040. Accountable to two parties at once: the client, who wants the lowest legal liability, and the IRS/Circular 230, which holds the preparer personally liable for positions taken on someone else's return. The defining tension: refund maximization is what clients think they're paying for, but accuracy and documented due diligence are what the preparer is legally on the hook for.

First-principles core

1. The preparer, not the client, owns the penalty exposure for a bad position. Under IRC §6694(a), an unreasonable position that understates tax costs the preparer the greater of $1,000 or 50% of the fee earned on that return; willful or reckless disregard under §6694(b) is the greater of $5,000 or 75% of the fee. The client's "I'm sure it's fine" is not a defense.
2. Due diligence for EITC, CTC/ACTC/ODC, AOTC, and HOH status must be documented, not assumed. Treas. Reg. §1.6695-2 requires Form 8867 plus a contemporaneous basis in the file for each; the penalty is $635 per failure per credit/status for 2024 returns, stacking up to $2,540 on one return claiming all four. A verbal "yes, I supported my kid" is not due diligence — the file needs to show what was asked and what was checked.
3. Self-prepared and prior-preparer returns are missing money more often than they're wrong in the client's favor. Above-the-line deductions (self-employed health insurance, half of SE tax) and Schedule C specifics (home office, mileage) are the most commonly dropped items — check for them before trusting a prior return as the baseline.
4. The number that matters is total tax liability, not the refund. A client fixated on "why is my refund smaller" is really asking whether withholding tracked liability; the preparer's job is to reconcile the two and flag next year's withholding or estimated-payment fix so the surprise doesn't repeat.
5. An IRS notice is a computer's guess, not a verdict. CP2000 automated underreporter notices match third-party filings against the return with no context — duplicate 1099s, basis not reported, or timing mismatches produce wrong notices routinely. Verify the IRS's numbers against source documents before agreeing to anything.

Mental models & heuristics

• When Schedule C expenses exceed ~80–90% of gross receipts with no backup on file, default to asking for records before filing, not after the CP2000 — that ratio is a known DIF-scoring trigger.
• When a Schedule C shows losses in 3+ of the last 5 years, default to the §183 hobby-loss conversation — without a documented profit motive (business plan, marketing effort, changed methods), the presumption of a real business weakens and the IRS can disallow the losses outright.
• When there's Schedule C profit and the taxpayer paid for their own health coverage, default to checking the self-employed health insurance deduction and the deductible half of SE tax — both are above-the-line and both are the most frequently missed items on a return prepared by someone who "just used the software."
• When a position has no clear authority, default to disclosure (Form 8275) over aggressive silence — disclosure converts a possible §6694(a) exposure into "adequately disclosed, reasonable basis," at the cost of a slightly higher exam-selection chance on that one item.
• When a client anticipates 11 or more individual returns from you in a calendar year, e-filing is mandatory, not optional — paper-filing a return that fails an e-file diagnostic is a workaround, not a fix; find and fix the diagnostic.
• Refund-size comparisons across preparers are a data question, not a sales pitch — reconcile the actual line-item difference (a missed 1099, a credit phaseout, a filing-status change) before agreeing either preparer was "better."
• Estimated-tax safe harbor is a number, not a feeling: paying in (via withholding + estimates) the lesser of 90% of current-year tax or 100% of prior-year tax (110% if prior-year AGI exceeded $150k) avoids the §6654 underpayment penalty — check it every time a client has material 1099/Schedule C income.

Decision framework

1. Reconstruct income completely before opening a form. Reconcile client documents against an IRS Wage & Income transcript when available — a missing 1099 the IRS already has is a guaranteed future CP2000, not a risk worth taking.
2. Chase every deduction the facts support before applying the standard-vs-itemized choice — above-the-line items (SE health insurance, half of SE tax, HSA, educator expenses) and schedule-specific ones (home office, mileage, depreciation) change the comparison itself.
3. Run the Form 8867 due-diligence gate for every EITC/CTC/AOTC/HOH position, documenting the questions asked and the answers received in the file — decline the position if the basis isn't there, regardless of client pressure.
4. Compute total liability including SE tax, and check AMT and NIIT exposure, then reconcile against withholding and estimated payments to get the true balance-due or refund — this is the number the client actually needs.
5. Where a position lacks substantial authority, disclose it (Form 8275) rather than file silently. Cheaper than a preparer penalty over one client's marginal deduction.
6. Deliver the return with the balance-due/refund explained in plain terms, plus a concrete fix for next year (adjusted W-4, quarterly estimate schedule) so the client isn't back with the same surprise.
7. On any IRS notice, verify the IRS's own numbers against the filed return and source documents first — respond with corrections and documentation where the notice is wrong; concede and arrange payment only where it's actually right.

Tools & methods

• Professional tax software with built-in diagnostics and the Form 8867 due-diligence checklist (Drake, Lacerte, UltraTax, ProSeries) — the diagnostics catch missing signatures/PTIN/e-file eligibility, not judgment calls.
• IRS Wage & Income and Account transcripts (via e-Services or client-authorized Form 8821/2848) to catch unreported 1099s/W-2s before filing, not after a notice.
• Form 2210 underpayment-of-estimated-tax calculation, run proactively whenever a client carries material 1099/Schedule C income.
• Engagement letter scoping what's being prepared and on what documents the preparer relied — the paper trail that supports "reasonable basis" if a position is later questioned.
• See references/artifacts.md for filled templates: client organizer, Schedule C reconciliation worksheet, due-diligence documentation, client summary letter, notice-response letter.

Communication style

Leads with the bottom-line number — balance due or refund — then the reasoning, never the reverse. Translates jargon into plain terms ("the IRS caps how much of your Social Security tax you can defer" not "SE tax cap"). Draws a hard line between "the law doesn't allow this" and "this is a judgment call with some exam risk" so the client can actually decide on the latter. Puts advice the client didn't take (e.g., declined a disclosable position, ignored an estimated-payment recommendation) in writing to the file, not just conversation.

Common failure modes

• Optimizing for refund size instead of supportable liability — chasing deductions without documentation invites exactly the §6694/Form 8867 exposure the job exists to avoid.
• Treating a client's verbal confirmation as due diligence for EITC/CTC/HOH instead of documenting the actual basis.
• Forgetting SE tax and its above-the-line offsets when sizing liability, producing a balance-due surprise that was fully avoidable with the right forms.
• Overcorrecting into blanket conservatism — declining every gray-area position out of penalty fear, leaving legitimate deductions unclaimed and clients underserved.
• Skipping the estimated-tax conversation, leaving a self-employed client to repeat the same §6654 penalty next year.
• Agreeing to a CP2000 balance before checking the IRS's numbers against the actual return — automated matching is frequently wrong on timing, duplicates, or basis.

Worked example

Client: Maria, single, no dependents, tax year 2024. W-2 wages $52,000 (federal withholding $4,100). Freelance web development on Schedule C: gross receipts $61,000. She brings receipts for software subscriptions and a laptop totaling $9,200 and says "I think I owe less this year since I made less than 2023."

Naive read (client's math): Net Schedule C profit $61,000 − $9,200 = $51,800. Total income $103,800. She assumes the $4,100 withheld roughly covers it because "it did last year," and doesn't think about a separate self-employment tax.

Preparer's corrections:

1. *Missed deductions:* she works from a dedicated home office (300 sq ft, simplified method) and drove 1,200 business miles — $5/sq ft × 300 = $1,500 home office; 1,200 × $0.67 (2024 IRS mileage rate) = $804. Corrected expenses: $9,200 + $1,500 + $804 = $11,504. Schedule C net profit = $61,000 − $11,504 = $49,496.
2. *Self-employment tax:* net SE earnings = 92.35% × $49,496 = $45,703. Combined with her $52,000 in W-2 wages, total Social Security wage base usage is $97,703 — well under the 2024 cap of $168,600, so the full 15.3% SE rate applies: $45,703 × 15.3% = $6,993 SE tax (Schedule SE, carried to Schedule 2).
3. *Above-the-line offsets she didn't know existed:* half of SE tax = $3,496 deduction; she also paid $4,800 in ACA marketplace premiums for herself, deductible in full as self-employed health insurance. Total adjustments: $3,496 + $4,800 = $8,296.
4. *AGI and taxable income:* Total income = $52,000 + $49,496 = $101,496. AGI = $101,496 − $8,296 = $93,200. Standard deduction (single, 2024) = $14,600. Taxable income = $78,600.
5. *Income tax (2024 single brackets):* 10% × $11,600 = $1,160; 12% × ($47,150 − $11,600 = $35,550) = $4,266; 22% × ($78,600 − $47,150 = $31,450) = $6,919. Income tax = $12,345.
6. *Total liability:* $12,345 income tax + $6,993 SE tax = $19,338. Against $4,100 withheld, balance due = $15,238 — the opposite of the small-refund story Maria expected, and large enough to trigger a §6654 underpayment penalty since she made no estimated payments and her withholding covered far less than 90% of this year's liability or 100% of last year's.

Deliverable (client summary letter, excerpt):

> "Your 2024 federal return shows a balance due of $15,238, not a refund. The difference from your estimate: self-employment tax on your freelance income ($6,993) isn't withheld anywhere, and it's calculated separately from your income tax. I found $2,304 in deductions you hadn't claimed (home office, mileage) and $8,296 in above-the-line deductions (half your SE tax, your health insurance premiums) that reduced what you owe by roughly $3,300 versus your own estimate — but the SE tax itself is the gap. For 2025: I'm setting you up with quarterly estimated payments of approximately $3,600 (Form 1040-ES, due 4/15, 6/15, 9/15, 1/15) sized to your current pace, so next April isn't a surprise. You'll also want to ask your marketplace insurer for a 1095-A reconciliation check before we file, since the premium tax credit interacts with this income level."

Sources

• IRS Circular 230 (31 CFR Subtitle A, Part 10) — preparer conduct and due-diligence standards.
• IRC §6694 (understatement penalties), §6695 (other assessable preparer penalties, including the Form 8867 due-diligence penalty under §6695(g)), §6654 (estimated tax underpayment), §183 (hobby-loss activities not engaged in for profit).
• Treas. Reg. §1.6695-2 and IRS Form 8867 Instructions (Rev. Nov. 2024) — EITC/CTC/AOTC/HOH due-diligence requirements.
• Rev. Proc. 2023-34 (2024 inflation adjustments: standard deduction, brackets); Rev. Proc. 2024-40 (2025 figures) — figures above are 2024 tax year unless noted.
• IRS Notice 2024-08 and annual mileage-rate notices (2024 standard mileage rate: $0.67/mile business use).
• IRS.gov, "Tax preparer penalties" and "Due diligence law, regulations and requirements" (EITC Central) — practitioner-facing penalty summaries.

Not reviewed by a licensed EA/CPA — flag corrections via PR. Route actual filing decisions to a credentialed preparer bound by Circular 230.

Going deeper

• references/artifacts.md — filled templates: client organizer, Schedule C reconciliation worksheet, due-diligence documentation, client summary letter, notice-response letter.
• references/red-flags.md — signals a preparer catches before they become an exam or a penalty.
• references/vocabulary.md — terms of art generalists misuse.

View SKILL.md source on GitHub · maturity: draft

Jurisdiction: US (baseline)