26 U.S.C. § 6713 — Disclosure or use of information by preparers of returns
submitted 38 years ago by Pub. L. 100-647 to r/title-26-INTERNAL-REVENUE-CODE · 288 words · no verdicts yet
This section penalizes paid tax-return preparers who disclose or misuse information supplied for preparing a return. It raises the penalty for identity-theft-related conduct and applies specified exceptions.
(a) Penalty. A person in the business of preparing or helping prepare chapter 1 tax returns, or paid to prepare one for another, must pay $250 for each disclosure or use if the person (1) discloses information supplied for or connected with preparing the return, or (2) uses it for another purpose. The calendar-year total cannot exceed $10,000. (b) Higher penalty for identity theft. (1) If the disclosure or use is connected with a crime involving misappropriation of another person's taxpayer* identity, as defined in section 6103(b)(6), whether or not involving a tax filing, apply (a) by replacing $250 with $1,000 and $10,000 with $50,000. (2) Apply the total limit separately to covered and noncovered disclosures or uses. (c) Exceptions. Section 7216(b)'s rules apply. (d) Deficiency* procedures do not apply. Chapter 63, subchapter B, procedures for deficiencies in income, estate, gift, and certain excise taxes, does not apply to assessing or collecting this penalty.
If any person who is engaged in the business of preparing, or providing services in connection with the preparation of, returns of tax imposed by chapter 1, or any person who for compensation prepares any such return for any other person, and who—
discloses any information furnished to him for, or in connection with, the preparation of any such return, or
uses any such information for any purpose other than to prepare, or assist in preparing, any such return,
shall pay a penalty of $250 for each such disclosure or use, but the total amount imposed under this subsection on such a person for any calendar year shall not exceed $10,000.
In the case of a disclosure or use described in subsection (a) that is made in connection with a crime relating to the misappropriation of another person’s taxpayer* identity (as defined in section 6103(b)(6)), whether or not such crime involves any tax filing, subsection (a) shall be applied—
by substituting “$1,000” for “$250”, and
by substituting “$50,000” for “$10,000”.
The limitation on the total amount of the penalty under subsection (a) shall be applied separately with respect to disclosures or uses to which this subsection applies and to which it does not apply.
Subchapter B of chapter 63 (relating to deficiency procedures for income, estate, gift, and certain excise taxes) shall not apply in respect of the assessment or collection of any penalty imposed by this section.
Source credit: (Added Pub. L. 100–647, title VI, § 6242(a), Nov. 10, 1988, 102 Stat. 3749, § 6712; renumbered § 6713, Pub. L. 101–239, title VII, § 7816(v)(1), Dec. 19, 1989, 103 Stat. 2423; amended Pub. L. 116–25, title II, § 2009(a), July 1, 2019, 133 Stat. 1007.)
- 1988Enacted · Pub. L. 100-647 · 102 Stat. 3749
- 1989Amended · Pub. L. 101-239 · 103 Stat. 2423
- 2019Amended · Pub. L. 116-25 · 133 Stat. 1007
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-647 on 1988-11-10.
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