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Thursday, June 12, 2014

TIME TO GET RID OF YOUR CIRCULAR 230 DISCLAIMER

Most tax practitioners tack on a Circular 230 disclaimer to their emails and other communications to avoid problems with reliance opinion and covered opinion provisions of Section 10.35 of that Circular. These disclaimers are either never read, or create questions among the few that do read them as to the meaning, effect, and purpose of such disclaimers. With the issuance of revised final Circular 230 regulations, those reliance and covered opinion rules no longer exist, and with them, the need for the disclaimers. As the IRS provided when it issued Proposed Regulations on the subject:

"many practitioners currently use a Circular 230 disclaimer at the conclusion of every email or other writing as a measure to remove the advice from the covered opinion rules in § 10.35. In many instances, these disclaimers are frequently inserted without regard to whether the disclaimer is necessary or appropriate. These types of disclaimers are routinely inserted in any written transmission, including writings that do not contain any tax advice. The proposed removal of current § 10.35 eliminates the detailed provisions concerning covered opinions and disclosures in written opinions. Because proposed § 10.37 does not include the disclosure provisions in the current covered opinion rules, Treasury and the IRS expect that these amendments, if adopted, will eliminate the use of a Circular 230 disclaimer in email and other writings."

Good riddance!

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