The rules the exam tests
| Rule | What it says (2025) | Source |
|---|---|---|
| E-file mandate | 11+ covered returns per year; Form 8948 when paper-filed; Form 8944 hardship waiver | IRC 6011(e)(3) |
| EFIN | IRS e-file application, suitability check, fingerprints unless EA/CPA/attorney | Pub 3112 |
| Form 8879 | Taxpayer signature authorization; keep 3 years | Pub 1345 |
| Rejects | Notify within 24 hours; perfection: 5 days e-file / 10 days paper | Pub 1345 |
| Sanctions | Level 1 reprimand; Level 2 suspension/restriction; Level 3 suspension or expulsion | Pub 3112 |
| 6694(a) | Greater of $1,000 or 50% of income derived | IRC 6694 |
| 6694(b) | Greater of $5,000 or 75% of income derived | IRC 6694 |
| 6695(a)-(e) (2026 filings) | $65 per failure, max $32,500 | Rev. Proc. 2024-40 |
| 6695(f) check / (g) due diligence | $650 per check / per failure | Rev. Proc. 2024-40 |
| Records | Copy or list of returns 3 years; employee list 3 years | IRC 6107, 6060 |
| Data security | Written information security plan (FTC Safeguards Rule) | IRS Pub 4557 |
Facts: A preparer files 300 returns. One client insists on paper; another return claims EITC and HOH but the preparer skipped Form 8867.
Consequences: Paper return: attach Form 8948 (taxpayer choice) and keep the client’s signed statement. Missing due diligence: $650 for EITC + $650 for HOH = $1,300 under IRC 6695(g) (plus CTC/AOTC if claimed). Form 8879s for all e-filed returns are kept 3 years.
Exam traps
- The threshold is 11 or more returns, not 10.
- Form 8879 is not sent to the IRS unless requested.
- Due diligence penalties are per credit/status per return, with no annual cap.
- Acceptance of an e-filed return is not approval of its contents.
E-file (EFIN, ERO, Form 8879) and preparer penalties: 10 free practice questions
E-file (EFIN, ERO, Form 8879) and preparer penalties practice questions
Drill every Part 3 topic
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Frequently asked questions
How long must an ERO keep Form 8879?
3 years from the return due date or the IRS received date, whichever is later.
What happens if an e-filed return is rejected?
The ERO must tell the taxpayer within 24 hours and either fix and retransmit (within 5 days to keep the original date, if rejected at the deadline) or advise paper filing (within 10 days with an explanation).
Sources
- IRS Publication 1345 - Handbook for Authorized IRS e-file Providers (accessed 2026-09-23)
- IRS Publication 3112 - IRS e-file Application and Participation (accessed 2026-09-23)
- 26 U.S.C. 6694 - Understatement of taxpayer liability by tax return preparer (accessed 2026-09-23)
- 26 U.S.C. 6695 - Other assessable penalties with respect to preparation of returns (accessed 2026-09-23)
- IRS Rev. Proc. 2024-40 - 2025 inflation adjustments (accessed 2026-09-23)
- IRS - SEE Part 3 content specifications (Representation, Practices and Procedures) (accessed 2026-09-23)
- IRS - Enrolled agents: Frequently asked questions (accessed 2026-09-23)