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Level 10
October 27, 2023

230 and refusal to file Texas

  • October 27, 2023
  • 1 reply
  • 7 views

Client has decided not to file Texas No Taxes Due return for certain properties.  There will be no taxes due.

I know I need to document this in the engagement letter. 

I'm not sure that Circ 230 applies. There is a section requiring one to advise about penalties for noncompliance.

Any concerns here?

1 reply

sjrcpa
Level 15
October 27, 2023

FYI- Texas is on a rampage lately.

We've had several new to us clients get letters from Texas asking for 5-6 years worth of returns. Some have -0- tax due. One client has received a jeopardy assessment.

Your responsibility is to inform the client of their filing responsibility, and potential consequences of noncompliance.

If they refuse, you consider whether to retain them as a client.

Since you're a CPA- consider the SSTS and your state ethics code as well. Circular 230 governs practice before the IRS.

The more I know the more I don’t know.