SEE-3 - Practices and Procedures - Section 1.1

Define practice before the IRS and identify who is authorised to represent taxpayers, including the scope of an enrolled agent's representation rights under Circular 230.

Define practice before the IRS as presentations relating to a taxpayer's rights, privileges, or liabilities, and distinguish the unlimited representation rights of enrolled agents, attorneys, and CPAs from the limited rights of Annual Filing Season Program participants. Recognise that merely preparing a return is not practice before the IRS, but representing a taxpayer in an examination, collection, or appeal is.

Circular 230Practice before the IRSUnlimited representation rightsEnrolled agent

Practice question for this objective

Free samplePractices and Proceduresmedium

Which statement correctly distinguishes the limited representation rights of an Annual Filing Season Program participant from the unlimited rights of an enrolled agent?

  • AA programme participant may represent any taxpayer before the appeals and collection functions, whereas an enrolled agent is confined to the examination function for clients whose returns the agent prepared.
  • BA programme participant and an enrolled agent hold identical representation rights, because completing the Annual Filing Season Program confers the same authority to practise as passing the enrolled agent examination.
  • CA programme participant may represent clients before collection officers but not appeals officers, while an enrolled agent may represent clients before appeals officers but not collection officers.
  • DA programme participant may represent only clients whose returns the participant prepared and signed, and only before examination-level personnel, while an enrolled agent may represent any taxpayer before any IRS function. Correct
Distinguish an Annual Filing Season Program participant's limited rights, tied to returns they prepared and before examination personnel, from an enrolled agent's unlimited rights. The programme grants a narrow privilege anchored to returns the participant prepared and signed and confined to examination-level personnel such as revenue agents, while the enrolled agent's credential carries full representation authority before every IRS function for every taxpayer.

Why A is wrong: This reverses the two regimes, which is tempting because both involve return preparers, but it is the enrolled agent who has unlimited reach and the programme participant who is confined, so the mapping is backwards.

Why B is wrong: Treating the two credentials as equivalent feels intuitive given both allow some representation, but the programme grants only limited rights while enrolment grants unlimited rights, so equating them is wrong.

Why C is wrong: Splitting the functions this way sounds like a tidy division of labour, but a programme participant reaches neither collection nor appeals, and an enrolled agent reaches both, so the option misstates each side.

Why D is correct: An Annual Filing Season Program participant has limited rights tied to returns they prepared and signed and may appear only before revenue agents and similar examination personnel, whereas the enrolled agent's rights are unlimited; this states the distinction correctly.

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