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    PracticeCPA®CPA REG Practice ExamQuestion 01
    Hard1 markMultiple Choice
    Area 1: Ethics & ProceduresCircular 230Ethics

    CPA · Question 01 · Area 1: Ethics & Procedures

    Under Circular 230, which of the following scenarios represents a permissible contingent fee arrangement for a practitioner representing a client before the IRS?

    Answer options:

    A.

    A fee based on a percentage of the refund on an original tax return.

    B.

    A fee based on the amount of a refund claimed on an amended return filed within 120 days of the taxpayer receiving a written notice of examination of the original return.

    C.

    A fee based on the complexity of the tax law research required for a private letter ruling request.

    D.

    A fee arrangement where the practitioner charges 30% of any tax savings generated from a tax shelter promotion.

    How to approach this question

    Recall the general rule that contingent fees are prohibited, then identify the three specific exceptions: 1) IRS examination/audit, 2) Claim for refund of interest/penalties, 3) Judicial proceedings.

    Full Answer

    B.A fee based on the amount of a refund claimed on an amended return filed within 120 days of the taxpayer receiving a written notice of examination of the original return.✓ Correct
    Circular 230 §10.27 generally prohibits contingent fees. However, exceptions exist for services rendered in connection with an IRS examination of an original tax return, or an amended return/claim for refund filed within 120 days of receiving a written notice of examination.

    Common mistakes

    Confusing amended returns generally (not allowed) with amended returns filed in response to an audit notice (allowed).
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