Glossary/Tax and regulatory

Section 7216 (tax return preparer disclosure)

Section 7216 of the Internal Revenue Code makes it a misdemeanor for a tax return preparer to knowingly or recklessly disclose or use return information beyond preparing the return, with limited exceptions.

CORAA TeamUpdated November 5, 2026

Definition

Section 7216 of the Internal Revenue Code applies to people in the business of preparing tax returns and to anyone who prepares returns for compensation. It makes it a misdemeanor to knowingly or recklessly disclose information furnished for the preparation of a return, or to use it for any purpose other than preparing the return. The statute sets a fine of up to $1,000 (a higher maximum applies to some disclosures covered by section 6713(b)), imprisonment of up to one year, or both, plus costs of prosecution. It excepts disclosures made under another provision of the Code or a court order, and uses or disclosures that Treasury regulations permit, which must include disclosures for quality or peer review.

Why it matters in an audit or review

Treasury Regulations under section 7216 explain what a preparer may do without consent and when the taxpayer's written consent is needed. The point reaches audit firms that prepare tax returns for attest clients, or that share tax return information with other firms, with tools, or with service providers. Firms need policies on who can access return information and when consent must be documented before any use beyond tax preparation.

Example

Illustrative: a firm wants to use a tax client's return data to build benchmark reports for marketing. The firm checks the regulations, finds that the use is not covered by a permitted exception, and gets the consent the regulations require before any use.

Common mistakes

Using return data for unrelated services or sharing it with a vendor without checking the regulations.

FAQ

Is this the same as client confidentiality under the AICPA Code?

No. Section 7216 is a separate federal law, and both can apply.

Sources

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

Standards

IRC 7216

Related terms

  • Circular 230
    Circular 230, codified at 31 CFR Part 10, is the Treasury regulation governing practice before the IRS, setting duties of diligence, return standards, and sanctions for CPAs, attorneys, enrolled agents, and others.
  • PTIN (Preparer Tax Identification Number)
    A PTIN is the IRS number that anyone paid to prepare all or substantially all of a federal tax return must obtain, renew each year, and put on the returns they prepare.
  • CPA (Certified Public Accountant)
    A CPA is an accountant licensed by a US state board of accountancy after meeting education, examination, experience, and ethics requirements; only licensees may issue audit and review reports in most states.

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