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A bill to amend the Internal Revenue Code of 1986 to prohibit the disclosure of tax return information by tax return preparers to third parties.

Date Introduced: 04/04/06
Bill Number: S.2498
Description: The general rule is that no unauthorized person can get tax-return information, and this rule exists to encourage taxpayers to file honest and complete returns. This notion is a fundamental underpinning of our voluntary tax system.

The public has long been under the impression that this protection is inviolate, and that return information cannot be collected or sold for marketing purposes. However, this is not the case. Current regulations allow two types of disclosure, with taxpayer consent. The first provision allows tax return preparers to market their, and their affiliated group, non-tax-related products to taxpayers with the taxpayer’s consent. The second allows tax-return preparers to sell this information to third-parties for marketing purposes, again with taxpayer consent.

These regulations were first implemented in 1974, at a time when electronic transmission and offshoring of tax-return preparation had not been contemplated. To not update the law to reflect the phenomenal technological advancement that we have experienced over the last couple decades, and the attendant, increasing risk of identity-theft, is irresponsible. This bill would prohibit tax preparers from soliciting consent from taxpayers to share confidential taxpayer information with third parties.

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