New "opt-in" requirements for info sharing

[Kea]

When I took the NATP 1040 class last month they explained the new "opt-in" signature requirements for disclosing client information. They told us that the signatures were required even for the client to share the info with the tax preparer (who they just hired to do their taxes). I've read Rev. Proc. 2008-35 and can only find references to sharing info with 3rd parties.

I collect my clients' tax info, prepare their returns and in most cases e-file the return. Does IRS count as a 3rd party? What about the e-file process count? I don't do bank products or anything else.

Do I need a client signature before preparing a return if I'm not sharing their info?

Thanks.

[kcjenkins]

No, someone was confused at that class. The client does not have to sign anything to share things with you or with anyone he wants to share with. It is only YOU that are limited to not sharing HIS info without getting his permission IN WRITING. The ATX program has a form you can use for this, by the way.

Main difference for most of us is just that if the client calls and says "Would you fax my bank a copy of my return?" you will have to tell him "Not unless you first sign and return to me this form."

[Kea]

Thanks so much. That makes so much more sense. I know the feds and IRS can make some strange rules, but that seemed too extreme even for them. I feel relieved.

Thanks!

[JRS]

"The ATX program has a form you can use for this, by the way."

Showing my ignorance of the program I have been using for eight years, where is the form located?

Thanks

[Edward]

Go to Forms Window and call up the form - Consent Form. Bear in mind that the ATX form is provided for "Illustrative

Purposes Only". Read the rest of the RED PRINT. You'll have to create your own Consent Leter, possibly after

consulting with your legal advisor. wow!!!

[Kea]

The Rev Proc 2008-35 I mentioned in the original post shows the language that is required for the statements. That may help you avoid the legal fees.

[kcjenkins]

"The ATX program has a form you can use for this, by the way."

Showing my ignorance of the program I have been using for eight years, where is the form located?

Thanks

It is new this year, that's why you were not aware of it. And I expect that there may be a letter offered us soon, but due to the legal angles, they may choose not to offer us what some smarta.. lawyer could deem to be 'legal advice'. So I can't blame them if they don't. But the Rev Proc should give you all you need to write your own letter, which, together with the new Consent form, should cover you.

[JRS]

Thanks KC

[Terry D EA]

Go to the IRS website and put form 7216 in the search box in the upper right hand corner. All the information you need on consent forms is there including instructions on how to create the form. If you are using Santa Barbara bank this year, they are requiring that every return submitted for a bank product contain form 7216. I think this is what you are talking about.

Terry D.

[Lucho]

Go to Forms Window and call up the form - Consent Form. Bear in mind that the ATX form is provided for "Illustrative

Purposes Only". Read the rest of the RED PRINT. You'll have to create your own Consent Leter, possibly after

consulting with your legal advisor. wow!!!

How do you go to "Forms Windows? I can not get it.

Lucho

[JRS]

"How do you go to "Forms Windows? I can not get it."

Go to forms on the toolbar, click,then go down the drop down menu to customizing master forms. Click. Type in "General Consent" in the Find box and the form should come up. Then click on "view form," and it should open.

[Lucho]

"How do you go to "Forms Windows? I can not get it."

Go to forms on the toolbar, click,then go down the drop down menu to customizing master forms. Click. Type in "General Consent" in the Find box and the form should come up. Then click on "view form," and it should open.

Thank you JRS.