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Circular 230
Practice Section
Grasping Tax Definitions
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1040 Exam Prep Newsletter
 For tax preparers who are serious about becoming a Registered Tax Return Preparer
 

Greetings!  
 
 

Welcome to issue No.13 of the 1040 Exam Prep Newsletter.

One thing I discovered about exam takers is that most failures in the Prometic testing room is not the result of lack of "knowledge" preparation; most failures result from lack of preparation of the mindset, mostly because exam takers do not confront their negative beliefs and fears about tests and exams before entering the testing room.

During the exam and under the pressure of time with the clock running, they bring back to memory their worse exam experiences. They feel mentally blocked and emotionally desperate, even when they began the exam with a good attitude.

If you do not want to lose control of your exam, you should prepare yourself beforehand. Preparation is the key. There are so many techniques you can use to prepare yourself mentally for a successful exam experience. You do not want to blame yourself for sabotaging your opportunity by feeling nervous, anxious, disperse, tired, or negative. Be fully ready before you enter the exam room to be tested.

In the essay section of this issue I examine the content of Circular 230 which is one the regulations included by the IRS as suggested material to prepare for the RTRP competency examination.

In the practice section of the Newsletter, practice continues being the king! Want to get it right inside the testing room? You should master the exam topics outside the room, first!! So, to get it right, you've got to get it!

In the "Grasping concepts", today's term is "depletion"

I hope you enjoy this issue of 1040 Exam Prep Newsletter!

Cheers,

Norma Wahnon

 

 Newsletter Issue # 13: [Registered Tax Return Preparer Exam Articles Series]  Becoming Familiar with Circular 230.

 

A close look at the list of IRS recommended study materials for the IRS Competency Exam to become A RTRP

 

Becoming familiar with  Circular 230

Circular 230 is titled "Regulations Governing Practice before the Internal Revenue Services".
To the tax return preparer planning to pass the IRS Competency Exam, it is important because Circular 230 is included in the list of recommend study materials released by the IRS. So, you can expect to be tested on the contents of this regulation and its revisions in the competency examination. The most recent revision of Circular 230 is dated 8/2/11.

  

Circular 230 are also important because it contains the guidelines to  interact with the Internal Revenue Services. If you want to become a Registered Tax Return Preparer, you need to know that the rules in Circular 230 govern your practice before the IRS. 
Subpart A: Rules Governing Authority to Practice - When you have that Authority? Well, there is a transition period that runs from 1 January 2011 to 31 December 2013. When this transition period runs out, you can prepare tax return for a fee only when you become a Registered Tax Return Preparer, if you are not a CPA, lawyer or agent. For more information about this transition period watch our video entitled "What you need to know about the IRS Exam"  

 


Circular 230

 

 

 

Subpart B: - Duties Relating to Practice before the Internal Revenue Services

 

Circular 230 2

 

 

Subpart C: Sanctions for Violation of the Regulation, which includes .......

 

Subpart D: Rules applicable to Disciplinary Proceedings includes ....

In addition to Circular 230, there are other13 regulations related to the tax return preparer's practice and more recent rules introduced by the IRS. Here is the list of them:

 

  •  Notice 2011-61 Continuing Education Providers
  • Notice 2011-48- Registered Tax Return Preparer Competency Examination
  • Treasury Department 9527 - Regulations Governing Practice before the IRS
  • Notice 2011-45 - Restrictions on Use of the Term Registered Tax Return Preparer 
  • Treasury Department 9523- User Fees Relating to Enrolled Retirement Plan Agents
  • Notice 2011-11 - Relief for Tax Return Preparers Who Have Pending PTIN Applications
  • Notice 2011-6 -Implementation of Rules Governing Tax Return Preparers
  • Treasury Department 9501-Furnishing Identifying Number of Tax Return Preparer
  • Treasury Department 9503 -User Fees Relating to Enrollment and Preparer Tax Identification Number 
  • REG-138637-07 -Circular 230 Changes
  • REG-139343-08 -Proposed Regulations on User Fees Relating to Enrollment and Preparer Tax Identification Numbers
  • REG-134235-08 - Proposed Regulations on Furnishing Identification Numbers for Tax Return Preparer Requirement for Tax Return Preparer Not Already Subject to Oversight
  •  Publication 4832 -IRS Proposes New Registration, Testing and Continuing Education

The RTRP test is available from  the last week of November 2011 (Fall). The major topics that will be covered by the test were published by the IRS in early September/2011.

 

If you are planning to take the RTRP competency examination and need information and resources, please, visit our website and let us help you ramp up into the process and become a registered tax return preparer as soon as possible.  

 

 

 

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To get it right, you've got to get it!

Practice, practice and more practice

 

Topic: Depreciable basis of a equipment

 

Starr, a self-employed individual, purchased a piece of equipment for use in Starr's business. The costs associated with the acquisition of the equipment were:

Purchase price $55,000

Delivery charges $725

Installation fees $300

Sales tax $3,400

What is the depreciable basis of the equipment?

a. $55,000

b. $58,400

c. $59,125

d. $59,425

ANSWER:

Choice "d" is correct. The rules for depreciable basis in tax are generally the same as the GAAP* rules for capitalizing an asset. The depreciable basis is the cost associated with the purchase of the asset and with getting the asset ready for its intended use. Further improvements are also capitalized, and the basis is reduced for any accumulated depreciation.

 

*(GAAP: Generally Accepted Accounting Principles)

 

In this case, the cost of obtaining the equipment and getting the equipment ready for its intended use includes all the items shown above, as follows:

Purchase price $55,000

Delivery charges 725

Installation fees 300

Sales tax 3,400

Total depreciable basis $59,425

Choice "a" is incorrect. The costs of delivery charges, installation, and sales tax are all part of the cost of

obtaining the asset and getting the asset ready for its intended use. All of these charges are included in

the depreciable basis of the equipment.

Choice "b" is incorrect. The costs of delivery charges and installation are both part of the cost of

obtaining the asset and getting the asset ready for its intended use. These charges are included in the

depreciable basis of the equipment.

Choice "c" is incorrect. The cost of installation is part of the cost getting the asset ready for its intended

use. This charge is included in the depreciable basis of the equipment.

 (Source: AICPA Newly-Released Regulation Questions)
Grasping tax concepts!

Learning tax concepts: definitions
 
 

Tax Term:

 

Depletion.

 

The process by which the cost or other basis of a natural resource (e.g., an oil or gas interest) is recovered upon extraction and sale of the resource. The two ways to determine the depletion allowance are: 1) the cost and 2)percentage (or statutory) methods.
Under the cost method, each unit of production sold is assigned a portion of the cost or other basis of the interest. This is determined by dividing the cost or other basis by the total units expected to be recovered. Under the percentage (or statutory) method, the tax law provides a special percentage factor for differ types of minerals and other natural resources. This percentage is multiplied by the gross income from the interest to arrive at the depletion allowance.

 

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