(a) Uniform application to taxpayer communications with federally authorized practitioners
(1) General rule
With respect to tax advice, the same common law protections of confidentiality which apply to a communication between a taxpayer and an attorney shall also apply to a communication between a taxpayer and any federally authorized tax practitioner to the extent the communication would be considered a privileged communication if it were between a taxpayer and an attorney.
Paragraph (1) may only be asserted in—
(A)any noncriminal tax matter before the Internal Revenue Service; and
(B)any noncriminal tax proceeding in Federal court brought by or against the United States.
For purposes of this subsection—
(A) Federally authorized tax practitioner
The term “federally authorized tax practitioner” means any individual who is authorized under Federal law to practice before the Internal Revenue Service if such practice is subject to Federal regulation under section
330 of title
31, United States Code.
(B) Tax advice
The term “tax advice” means advice given by an individual with respect to a matter which is within the scope of the individual’s authority to practice described in subparagraph (A).
(b) Section not to apply to communications regarding tax shelters
The privilege under subsection (a) shall not apply to any written communication which is—
(1)between a federally authorized tax practitioner and—
(B)any director, officer, employee, agent, or representative of the person, or
(C)any other person holding a capital or profits interest in the person, and
(2)in connection with the promotion of the direct or indirect participation of the person in any tax shelter (as defined in section
2004—Subsec. (b). Pub. L. 108–357amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “The privilege under subsection (a) shall not apply to any written communication between a federally authorized tax practitioner and a director, shareholder, officer, or employee, agent, or representative of a corporation in connection with the promotion of the direct or indirect participation of such corporation in any tax shelter (as defined in section
Effective Date of 2004 Amendment
Pub. L. 108–357, title VIII, § 813(b),Oct. 22, 2004, 118 Stat. 1581, provided that: “The amendment made by this section [amending this section] shall apply to communications made on or after the date of the enactment of this Act [Oct. 22, 2004].”
Pub. L. 105–206, title III, § 3411(c),July 22, 1998, 112 Stat. 751, provided that: “The amendments made by this section [enacting this section] shall apply to communications made on or after the date of the enactment of this Act [July 22, 1998].”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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