10.5—Application for enrollment as an enrolled agent or enrolled retirement plan agent.
               		
               		
               	 	
               	 	
               	 	
               	 		
    
        
        (a) Form; address.
         An applicant for
 enrollment as an enrolled agent or enrolled retirement
 plan agent must apply as required by forms or
 procedures established and published by the Office of
 Professional Responsibility, including proper
 execution of required forms under oath or affirmation.
 The address on the application will be the address
 under which a successful applicant is enrolled and is
 the address to which all correspondence concerning
 enrollment will be sent.
     
    
        
        (b) Fee.
         A reasonable nonrefundable fee
 will be charged for each application for enrollment as
 an enrolled agent filed with the Director of the
 Office of Professional Responsibility in accordance
 with  26 CFR 300.5. A reasonable nonrefundable fee will
 be charged for each application for enrollment as an
 enrolled retirement plan agent filed with the Director
 of the Office of Professional Responsibility.
     
    
        
        (c) 
        
            Additional information;
 examination. The Director of the Office of
 Professional Responsibility, as a condition to
 consideration of an application for enrollment, may
 require the applicant to file additional information
 and to submit to any written or oral examination under
 oath or otherwise. The Director of the Office of
 Professional Responsibility will, on written request
 filed by an applicant, afford such applicant the
 opportunity to be heard with respect to his or her
 application for enrollment.
     
    
        
        (d) Temporary recognition.
         On receipt
 of a properly executed application, the Director of
 the Office of Professional Responsibility may grant
 the applicant temporary recognition to practice
 pending a determination as to whether enrollment to
 practice should be granted. Temporary recognition will
 be granted only in unusual circumstances and it will
 not be granted, in any circumstance, if the
 application is not regular on its face, if the
 information stated in the application, if true, is not
 sufficient to warrant enrollment to practice, or if
 there is any information before the Director of the
 Office of Professional Responsibility indicating that
 the statements in the application are untrue or that
 the applicant would not otherwise qualify for
 enrollment. Issuance of temporary recognition does not
 constitute enrollment to practice or a finding of
 eligibility for enrollment, and the temporary
 recognition may be withdrawn at any time by the
 Director of the Office of Professional
 Responsibility.
     
    
        
        (e) Appeal from denial of application.
         
 The Director of the Office of Professional
 Responsibility must inform the applicant as to the
 reason(s) for any denial of an application for
 enrollment. The applicant may, within 30 days after
 receipt of the notice of denial of enrollment, file a
 written appeal of the denial of enrollment with the
 Secretary of the Treasury or his or her delegate. A
 decision on the appeal will be rendered by the
 Secretary of the Treasury, or his or her delegate, as
 soon as practicable.
     
    
        
        (f) Effective/applicability date.
         This
 section is applicable to enrollment applications
 received on or after September 26, 2007.
     
    
        
            Code of Federal Regulations
        
        [T.D. 9011, 67 FR 48765, July 26, 2002, as amended
 by T.D. 9359,72 FR 54544, 54546, Sept. 26,
 2007]
    
    
        
            Code of Federal Regulations
        
        
            Effective Date Note:
            At 76 FR 32302, June 3, 2011, § 10.5 was revised,
 effective Aug. 2, 2011. For the convenience of the
 user, the revised text is set forth as follows:
            
                
                    
                        § 10.5
                        
                    
                    Application to become an enrolled agent,
 enrolled retirement plan agent, or registered tax
 return preparer.
                    (a) Form; address. An applicant
 to become an enrolled agent, enrolled retirement
 plan agent, or registered tax return preparer must
 apply as required by forms or procedures
 established and published by the Internal Revenue
 Service, including proper execution of required
 forms under oath or affirmation. The address on
 the application will be the address under which a
 successful applicant is enrolled or registered and
 is the address to which all correspondence
 concerning enrollment or registration will be
 sent.
                    (b) Fee. A reasonable
 nonrefundable fee may be charged for each
 application to become an enrolled agent, enrolled
 retirement plan agent, or registered tax return
 preparer. See 26 CFR part 300
                        .
                    (c) Additional information;
 examination. The Internal Revenue Service may
 require the applicant, as a condition to
 consideration of an application, to file
 additional information and to submit to any
 written or oral examination under oath or
 otherwise. Upon the applicant's written request,
 the Internal Revenue Service
 will afford the applicant the opportunity to be
 heard with respect to the application.
                    
                        
                            
                                
                                    Code of Federal Regulations
                                
                                140
                            
                         
                     
                    (d) Compliance and suitability
 checks. (1) As a condition to consideration of
 an application, the Internal Revenue Service may
 conduct a Federal tax compliance check and
 suitability check. The tax compliance check will
 be limited to an inquiry regarding whether an
 applicant has filed all required individual or
 business tax returns and whether the applicant has
 failed to pay, or make proper arrangements with
 the Internal Revenue Service for payment of, any
 Federal tax debts. The suitability check will be
 limited to an inquiry regarding whether an
 applicant has engaged in any conduct that would
 justify suspension or disbarment of any
 practitioner under the provisions of this part on
 the date the application is submitted, including
 whether the applicant has engaged in disreputable
 conduct as defined in § 10.51
                        . The application
 will be denied only if the results of the
 compliance or suitability check are sufficient to
 establish that the practitioner engaged in conduct
 subject to sanctions under §§ 10.51 and 10.52
                        .
                    (2) If the applicant does not pass the tax
 compliance or suitability check, the applicant
 will not be issued an enrollment or registration
 card or certificate pursuant to § 10.6(b) of this
 part. An applicant who is initially denied
 enrollment or registration for failure to pass a
 tax compliance check may reapply after the initial
 denial if the applicant becomes current with
 respect to the applicant's tax liabilities.
                    (e) Temporary recognition. On
 receipt of a properly executed application, the
 Commissioner, or delegate, may grant the applicant
 temporary recognition to practice pending a
 determination as to whether status as an enrolled
 agent, enrolled retirement plan agent, or
 registered tax return preparer should be granted.
 Temporary recognition will be granted only in
 unusual circumstances and it will not be granted,
 in any circumstance, if the application is not
 regular on its face, if the information stated in
 the application, if true, is not sufficient to
 warrant granting the application to practice, or
 the Commissioner, or delegate, has information
 indicating that the statements in the application
 are untrue or that the applicant would not
 otherwise qualify to become an enrolled agent,
 enrolled retirement plan agent, or registered tax
 return preparer. Issuance of temporary recognition
 does not constitute either a designation or a
 finding of eligibility as an enrolled agent,
 enrolled retirement plan agent, or registered tax
 return preparer, and the temporary recognition may
 be withdrawn at any time.
                    (f) Protest of application
 denial. The applicant will be informed in
 writing as to the reason(s) for any denial of an
 application. The applicant may, within 30 days
 after receipt of the notice of denial of the
 application, file a written protest of the denial
 as prescribed by the Internal Revenue Service in
 forms, guidance, or other appropriate guidance. A
 protest under this section is not governed by
 subpart D of this part.
                    (g) Effective/applicability date.
 This section is applicable to applications
 received August 2, 2011.