Tax Preparer Confidentiality Agreement for the United States

Tax Preparer Confidentiality Agreement Template for United States

A legally binding agreement governed by U.S. federal and state laws that establishes confidentiality obligations for tax preparers handling sensitive financial and personal information. The document ensures compliance with IRS regulations, particularly IRC Section 7216, and addresses data protection requirements under various federal and state privacy laws. It outlines security measures, permitted uses of information, and breach notification procedures.

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What is a Tax Preparer Confidentiality Agreement?

The Tax Preparer Confidentiality Agreement is essential for protecting sensitive financial and personal information in tax preparation services. This document is particularly important in the United States, where tax preparers must comply with IRS regulations, including IRC Section 7216, and various federal and state privacy laws. The agreement outlines specific obligations for handling confidential information, security requirements, and breach notification procedures. It's commonly used when engaging tax preparation services, hiring in-house tax professionals, or establishing protocols for tax departments.

What sections should be included in a Tax Preparer Confidentiality Agreement?

1. Parties: Identifies the tax preparer and the client or employer requiring confidentiality

2. Background: Establishes context of the relationship and need for confidentiality

3. Definitions: Defines key terms including 'confidential information', 'tax return information', 'protected data'

4. Scope of Confidential Information: Details what information is covered under the agreement

5. Obligations of Confidentiality: Core confidentiality requirements and permitted/prohibited uses

6. Security Measures: Required procedures for protecting confidential information

7. Term and Termination: Duration of agreement and termination provisions

8. Return of Confidential Information: Procedures for returning or destroying confidential information

What sections are optional to include in a Tax Preparer Confidentiality Agreement?

1. Insurance Requirements: Professional liability insurance requirements for cases involving large clients or high-value accounts

2. International Data Transfer: Provisions for handling international tax information when dealing with cross-border tax matters

3. Subcontractor Provisions: Requirements for sharing information with subcontractors when third parties may need to be involved

What schedules should be included in a Tax Preparer Confidentiality Agreement?

1. Security Protocols: Detailed security procedures and requirements

2. Authorized Personnel List: List of individuals authorized to access confidential information

3. Data Breach Response Plan: Procedures for handling potential data breaches

4. Compliance Certifications: Relevant professional certifications and compliance documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Publisher

Genie AI

Document Type

Tax Agreement

Cost

Free to use

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