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24.3 Background & Compliance Checks

Key Takeaways

  • The IRS Office of Enrollment conducts a tax compliance review (all required returns filed, no unresolved liabilities) and a criminal background check.

  • Form 23 processing generally takes about 60 days (90-120 days for former IRS employees).

  • Unfiled returns or unresolved tax debts can result in denial; an active Installment Agreement is generally acceptable.

  • Character and fitness review evaluates prior OPR sanctions and disciplinary history.

  • Crimes involving dishonesty, fraud, or tax violations are weighted most heavily.

  • False statements on Form 23 trigger denial and potential criminal liability.

Last updated: October 2026

Why This Matters for the Exam

The IRS Office of Enrollment (not the Office of Professional Responsibility, which handles discipline) conducts tax compliance and suitability checks before granting EA status. The exam tests whether you understand what can cause denial of enrollment and the importance of tax compliance.

Overview of the Vetting Process

Submitting Form 23 (with the $140 fee via Pay.gov or mail) initiates a review by the Office of Enrollment:

CheckWhat the IRS Reviews
Tax complianceAll required returns filed; debts resolved or in an active payment plan
Criminal backgroundCriminal history review (federal and state)
Character and fitnessProfessional conduct; prior OPR sanctions; state-license discipline
Suitability determinationOverall fitness to practice before the IRS

Typical Processing Time: about 60 days (90-120 days for former IRS employees).

Tax Compliance Check

The IRS verifies that you are in full tax compliance:

RequirementConsequence of Non-Compliance
All returns filedUnfiled returns = likely denial
No outstanding balanceUnresolved debt = possible denial
Payment plan in placeAcceptable (shows good faith)
Currently compliantRequired for approval

Key Point: Before applying, ensure all returns are filed and any tax debts are resolved or in a formal Installment Agreement.

What Causes Denial?

IssueLikely Result
Unfiled tax returnsDenial
Outstanding tax debt (no payment plan)Denial or delay
Recent criminal convictionDenial (depending on nature)
Fraud or dishonesty convictionStrong grounds for denial
Prior OPR sanctionMay cause denial
False statements on Form 23Denial + potential criminal charges

Criminal Background Check

The IRS reviews your criminal history as part of the suitability determination:

FactorConsideration
Type of offenseCrimes of dishonesty (fraud, embezzlement) more serious
RecencyRecent offenses weighted more heavily
FrequencyPattern of misconduct more serious
RelevanceTax-related crimes very serious
RehabilitationEvidence of rehabilitation considered

Not Automatic Denial: Having a criminal history does not automatically disqualify you, but crimes involving dishonesty, fraud, or tax violations are especially problematic.

Character and Fitness Evaluation

The IRS evaluates your overall suitability to practice:

FactorWhat the IRS Considers
Professional historyPrior disciplinary actions
OPR sanctionsPrior Circular 230 violations
State licensing issuesCPA/attorney suspensions or revocations
IntegrityHonesty in application and practice

What To Do Before Applying

ActionPurpose
File all returnsClear compliance flag
Pay or arrange debtShow good faith
Resolve outstanding issuesRemove barriers
Gather documentationPrepare for IRS questions
Be honest on Form 23False statements = denial

Real-World Scenario

Scenario: You passed the SEE in 2026 at a PSI testing center but have an unfiled 2023 tax return and owe $5,000 from 2022.

  • Before applying: File the 2023 return and enter into an Installment Agreement for the $5,000.
  • On Form 23: Disclose the debt honestly and indicate you are on a payment plan.
  • Likely result: With returns filed and an Installment Agreement in place, approval is likely (but processing may take longer than 60 days).

On the Exam

Question types to practice on background checks:

  1. Denial Questions: "What can cause denial of EA enrollment?"
  2. Compliance Questions: "What type of check does the IRS conduct?"
  3. Remedy Questions: "What should you do before applying if you have unfiled returns?"
  4. Authority Questions: "Which IRS office conducts EA suitability reviews?" (the Office of Enrollment; OPR handles discipline)

The key is to remember: The Office of Enrollment conducts tax compliance + criminal background checks (about 60 days). Resolve issues before applying. Be honest on Form 23.

Test Your Knowledge

What can cause denial of EA enrollment?

A

Low SEE scores

B

Unfiled tax returns

C

Less than 5 years experience

D

No college degree

Test Your Knowledge

What type of check does the IRS conduct on EA applicants?

A

Credit check only

B

Tax compliance and criminal background

C

Employment verification only

D

Reference check

Test Your Knowledge

What should you do if you have outstanding tax debt before applying for EA status?

A

Wait until debt is fully paid

B

Apply anyway without mentioning it

C

Enter into an Installment Agreement and disclose on Form 23

D

File for bankruptcy

Test Your Knowledge

Approximately how long does Form 23 processing generally take?

A

1-2 weeks

B

30 days

C

About 60 days

D

6-12 months

Sections you finish are checked off in the contents.