Definition
Circular 230 is the name for 31 CFR Part 10, Regulations Governing Practice before the Internal Revenue Service. Practice before the IRS covers preparing and filing documents, corresponding with the IRS, and representing taxpayers at conferences and hearings. Subpart B sets duties and restrictions, including due diligence on the accuracy of submissions, standards for tax returns and documents, and competence. Subpart C covers sanctions, including censure, suspension, disbarment, and monetary penalties, and the Office of Professional Responsibility enforces it.
Why it matters in an audit or review
CPAs, attorneys, and enrolled agents are practitioners under the rules. For audit firms that also prepare tax returns or provide tax advice to attest clients, Circular 230 adds obligations separate from the AICPA Code and state board rules, and a violation can end in IRS sanctions even if the state license is unaffected. Firms keep written procedures for these duties.
Example
Illustrative: a preparer signs a return using client numbers that look inconsistent with last year's return without asking questions. Circular 230 (section 10.34(d)) lets a practitioner rely in good faith on client information but expects reasonable inquiry when it appears incorrect, inconsistent or incomplete.
Common mistakes
Believing a state license replaces compliance with federal practice rules.
FAQ
Who enforces Circular 230?
The IRS Office of Professional Responsibility.
Sources
- 31 CFR Part 10, Regulations Governing Practice before the Internal Revenue Service (Circular 230), https://www.ecfr.gov/current/title-31/subtitle-A/part-10
- 31 CFR 10.2(a)(4) (practice before the IRS), 10.22 (diligence), 10.34 (standards for returns and documents), 10.35 (competence), 10.50 to 10.53 (sanctions and OPR)
- IRS Office of Professional Responsibility, https://www.irs.gov/tax-professionals/circular-230-tax-professionals
Definitions paraphrase AICPA and FASB guidance; read the standard itself before relying on a requirement. Example figures are illustrative. This page is guidance, not professional advice. Report an error