Notice of Adoption - Rules Governing Tax Preparers

Adopted Rules: Closed to Comments

Effective Date: 
Monday, August 5, 2019
Agency:
Keywords:

Statement of Basis and Purpose of Rule

 

Section 5-66(b)(6) of Title 6 of the Rules of the City of New York (“6 RCNY”) requires tax preparers who use the word “accountant” in any advertisement to have a Certified Public Accountant (“CPA”) or Public Accountant (“PA”) present on the business premises. Section 5-66(c) requires tax preparers who advertise their services to post information regarding how they compute their fees and to post certain disclosures.

 

The Department of Consumer Affairs is amending its rules to address complaints received from non-CPA or non-PA tax preparers, regarding the inability of such tax preparers to refer to themselves as accountants in advertisements.  The amendments also address complaints received from tax preparers regarding their inability to comply with price list sign requirements when conducting business at a consumer’s home or business.  These rules amend Subchapter A of Chapter 5 of 6 RCNY to update the procedures that tax preparers who advertise their services must follow and update the requirements for posting of a price list. Specifically, these rules:

·        

Allow tax preparers to call themselves accountants in any advertisement even if a CPA or PA is not present at their place of business as long as they immediately follow the word “accountant” with a conspicuous and prominent disclaimer that the tax preparer is not a CPA or PA.

·        

Require a tax preparer who conducts business at a consumer’s home or business to provide such consumer with a hard copy of the tax preparer’s price list rather than post signs wherever payment is made.