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Choosing a Tax Pro: Credentials, Form 2848 vs 8821

Not every tax preparer can speak for you in an audit or collection case. Here is how CPAs, enrolled agents, attorneys and other preparers differ, and how to authorize the right person.

Accountant explaining a document to a couple across a desk in a small office

When you have an IRS problem, the right professional can save you time, money and stress. The wrong one can make things worse. The key difference between tax pros is not price or friendliness. It is whether they are allowed to represent you before the IRS, and in which matters. Once you know that, choosing becomes simpler. You also need to know which IRS form to sign so they can actually help.

Who can prepare your return

The IRS says anyone with an IRS Preparer Tax Identification Number (PTIN) can be paid to prepare federal tax returns. A paid preparer must sign your return and include their PTIN on it. But the IRS also notes that preparers "have differing levels of skills, education and expertise." A PTIN alone is not a professional credential.

Free options exist too. The Volunteer Income Tax Assistance (VITA) and Tax Counseling for the Elderly (TCE) programs offer free return preparation by IRS-certified volunteers for people who qualify.

Who can represent you before the IRS

"Representation" means speaking and acting for you with the IRS: in an audit, a collection case, or an appeal. This is where credentials matter most.

Professional Licensed by Representation rights
Enrolled agent (EA) The IRS Unlimited: any matter, including audits, payment and collection issues, and appeals
Certified public accountant (CPA) State boards of accountancy Unlimited
Attorney State courts or bar Unlimited
Annual Filing Season Program participant Voluntary IRS program (record of completion) Limited: only returns they prepared and signed, and only before revenue agents, customer service staff and the Taxpayer Advocate Service; not appeals or collection
PTIN holder with no credential None None (except for returns they prepared and filed on or before Dec. 31, 2015)

Enrolled agents pass a three-part IRS exam covering tax planning, return preparation and representation, pass a suitability check, and complete 72 hours of continuing education every 3 years, according to the IRS.

CPAs pass the Uniform CPA Exam and meet state education, experience and ethics rules. Some specialize in tax.

Tax attorneys have a law degree and a state bar license. Consider one if your case might involve Tax Court, complex legal questions, or any risk of criminal exposure.

All three are subject to Treasury Department Circular 230, the rules governing practice before the IRS.

Which one do you need?

  • A simple notice or a mail audit: an EA or CPA is usually a good fit.
  • Collection problems like a levy, lien, or offer in compromise: an EA, CPA or attorney who handles collection cases.
  • A Tax Court case or serious legal risk: a tax attorney.
  • Low income: a Low Income Taxpayer Clinic, free or low cost.

How to check a preparer's credentials

The IRS runs a Directory of Federal Tax Return Preparers with Credentials and Select Qualifications. It lists attorneys, CPAs, enrolled agents, enrolled retirement plan agents and enrolled actuaries with valid PTINs, plus Annual Filing Season Program participants. You can search by name, city, state or ZIP code. The IRS notes that preparers not listed may still do good work, but you should ask about their training. You can also confirm a CPA license with your state board of accountancy and an attorney's license with your state bar.

Form 2848 vs. Form 8821

These two forms do very different things.

Form 2848, Power of Attorney Form 8821, Tax Information Authorization
Who you can name An individual eligible to practice before the IRS (such as a CPA, EA or attorney) Any individual or organization
Can see your tax information Yes Yes
Can speak for you, argue your case, sign agreements Yes, for the matters and years listed No
Common use Audits, appeals, collection cases, payment plans Letting a family member, bookkeeper or lender see your records

Form 2848 lets your representative receive your tax information and act for you, such as signing agreements, consents and waivers, for the tax types and years you list. According to the instructions, a representative can never endorse or cash your refund check or have your refund deposited into an account they control. Unless you specifically allow it on the form, they also can't add or substitute another representative or sign your return.

Form 8821 lets someone inspect or receive your tax information. The instructions say it does not let them speak for you, argue your position, or sign waivers or agreements. If a lender needs it for income verification, the IRS must receive it within 120 days of your signature.

How to file them

  • Online: your professional can submit through the IRS's online submission tool (IRS.gov/Submit2848 or IRS.gov/Submit8821). Electronic signatures are allowed only for online submissions. The IRS also says its Tax Pro Account records most requests immediately.
  • Your Online Account: you can approve and electronically sign a tax pro's request there. See IRS Online Account.
  • Fax or mail: use the address or fax number in the form instructions' "Where To File" chart. Signatures must be handwritten.

Years covered. You can list past years and the current year. The IRS won't record future years more than 3 years after Dec. 31 of the year it receives the form.

Revoking. A new Form 2848 for the same matter generally revokes the earlier one, unless you check the box to keep it. A new Form 8821 revokes prior 8821s unless you attach copies of the ones you want to keep. To revoke without naming someone new, write "REVOKE" across the top of a copy, sign and date it, and send it to the IRS.

Checkbox on your return. The "third party designee" box on your return is narrower. The IRS says it lets the designee discuss the processing of that return, including refund status, for one year from the original due date. It doesn't cover audits or other compliance matters.

Red flags when choosing a preparer

The IRS warns taxpayers to watch for preparers who:

  • Won't sign your return or include their PTIN. The IRS calls these "ghost preparers" and says refusing to sign is a major red flag.
  • Promise bigger refunds than other preparers can get.
  • Base their fee on a percentage of your refund.
  • Want your refund deposited into their own account.
  • Ask you to sign a blank or incomplete return.
  • Don't ask for your records, like W-2s, 1099s and receipts.
  • Claim credits you don't qualify for, or disappear after filing.

The IRS reminds taxpayers that you are legally responsible for what is on your return, even if someone else prepared it. Pick someone you can reach months later if the IRS has questions. And be cautious with companies that advertise settling IRS debt for "pennies on the dollar"; see IRS scams.

If a preparer did something wrong

You can report preparer fraud or misconduct through the IRS's online complaint page. If a preparer changed your return, filed without your consent, or redirected your refund, Form 14157-A is a separate request to fix your tax account. You may also want to file an amended return or report identity theft.

Frequently asked questions

What's the difference between an enrolled agent and a CPA?

Both have unlimited rights to represent you before the IRS. Enrolled agents are licensed by the IRS and tested specifically on federal tax. CPAs are licensed by state boards and may handle a wider range of accounting work. For an IRS problem, either can be a good choice if they have relevant experience.

Can my regular tax preparer handle my audit?

Only if they have the right credential or limited rights. A CPA, EA or attorney can represent you in any audit. An Annual Filing Season Program participant can represent you only in an audit of a return they prepared and signed. A preparer with only a PTIN generally can't represent you.

Do I need Form 2848 or Form 8821?

Use Form 2848 if you want a professional to act and speak for you. Use Form 8821 if you only want someone to see your tax information, like a family member helping you track notices.

Can my representative cash my refund check?

No. The Form 2848 instructions say representatives can't endorse or negotiate a government refund check or direct your refund into an account they control.

How do I cancel a power of attorney?

Write "REVOKE" across the top of a copy of the form, sign and date it, and send it to the IRS office listed in the instructions. Filing a new Form 2848 for the same matter usually revokes the old one automatically.

Where can I get free help with an IRS problem?

Low Income Taxpayer Clinics represent eligible taxpayers for free or a small fee, and the Taxpayer Advocate Service helps when IRS problems cause hardship. VITA and TCE provide free return preparation for those who qualify.

Sources

  1. Internal Revenue Service (IRS), "Understanding tax return preparer credentials and qualifications". irs.gov
  2. IRS, "Choosing a tax professional". irs.gov
  3. IRS, Topic no. 254, "How to choose a tax return preparer". irs.gov
  4. IRS, Instructions for Form 2848. irs.gov
  5. IRS, Instructions for Form 8821. irs.gov
  6. IRS, Tax Tip 2026-27, "Be informed, not fooled by ghost preparers and tax credit scams". irs.gov
  7. IRS, "Make a complaint about a tax return preparer". irs.gov
  8. IRS, Treasury Department Circular No. 230. irs.gov

IRSV.com is an independent guide and is not affiliated with the IRS. This page is general information, not tax or legal advice. Rules change; confirm details on IRS.gov or with a tax professional. Found an error? Tell us.

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