Proposed Rule2025-21581

Furnishing Identifying Number of Tax Return Preparer

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
November 28, 2025

Issuing agencies

Treasury DepartmentInternal Revenue Service

Abstract

This document withdraws a notice of proposed rulemaking regarding the eligibility of tax return preparers to obtain a preparer tax identification number (PTIN). The proposed regulations would have affected tax return preparers.

Full Text

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<title>Federal Register, Volume 90 Issue 227 (Friday, November 28, 2025)</title>
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[Federal Register Volume 90, Number 227 (Friday, November 28, 2025)]
[Proposed Rules]
[Pages 54604-54605]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21581]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG-124791-11]
RIN 1545-BK37


Furnishing Identifying Number of Tax Return Preparer

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Withdrawal of notice of proposed rulemaking.

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SUMMARY: This document withdraws a notice of proposed rulemaking 
regarding the eligibility of tax return preparers to obtain a preparer 
tax identification number (PTIN). The proposed regulations would have 
affected tax return preparers.

DATES: As of November 28, 2025, the notice of proposed rulemaking that 
was published in the Federal Register on February 15, 2012 (77 FR 
8753), is withdrawn.

FOR FURTHER INFORMATION CONTACT: Mark Shurtliff at (202) 317-6845 (not 
a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

    On February 15, 2012, the Department of the Treasury (Treasury 
Department) and the IRS published a notice of proposed rulemaking (REG-
124791-11) in the Federal Register (77 FR 8753) under section 6109 of 
the Internal Revenue Code (Code) relating to the identifying number of 
tax return preparers (proposed regulations). The proposed regulations 
would have provided for two additional categories of tax return 
preparers eligible for a PTIN under a regulatory scheme in which the 
IRS sought to impose minimum qualification requirements on who could be 
a tax return preparer.
    Following publication of the proposed regulations, on February 11, 
2014, the United States Court of Appeals for the District of Columbia 
Circuit issued its opinion in Loving v. Internal Revenue Service, 742 
F.3d 1013 (D.C. Cir. 2014), which upheld an injunction against the IRS 
from regulating tax return preparers.

[[Page 54605]]

In light of Loving, the IRS is prohibited from regulating tax return 
preparers and, therefore, the Treasury Department and the IRS are 
withdrawing the proposed regulations.

Drafting Information

    The principal author of this notice is Mark Shurtliff of the Office 
of Associate Chief Counsel (Procedure and Administration). However, 
other personnel from the Treasury Department and the IRS participated 
in its development.

List of Subjects in 26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

Withdrawal of Proposed Amendments to the Regulations

    Under the authority of 26 U.S.C. 7805, the notice of proposed 
rulemaking (REG-124791-11) that was published in the Federal Register 
on February 15, 2012 (77 FR 8753), is withdrawn.

Frank J. Bisignano,
Chief Executive Officer.
[FR Doc. 2025-21581 Filed 11-26-25; 8:45 am]
BILLING CODE 4830-GV-P


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Indexed from Federal Register on November 28, 2025.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.