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Some of the most common exceptions to the privilege include: Death of a Client. ... Fiduciary Duty. ... Crime or Fraud Exception. ... Common Interest Exception.
140.3 A professional accountant should also maintain confidentiality of information disclosed by a prospective client or employer. 140.4 A professional accountant should also consider the need to maintain confidentiality of information within the firm or employing organization.
The duty of confidentiality is much broader than the attorney-client privilege. As explained above, the duty of confidentiality applies to ALL information the attorney has about the client; it is not limited to conversations between the attorney and the client.
Your communications with your attorney are generally protected by attorney-client privilege, meaning that their knowledge cannot be used against you in your case. Accountants, however, don't have the benefit of such a privilege ? not by default, at least.
The Internal Revenue Service auditor may offer to verify your taxes with other information. Revenue enrolled agents accept canceled checks, written records, bank account, debit and credit card statements, or other documentation as proofs for verification.
When conducting your audit, we will ask you to present certain documents that support the income, credits or deductions you claimed on your return. You would have used all of these documents to prepare your return. Therefore, the request should not require you to create something new.
The attorney-client privilege is strong precisely so that clients (in both civil and criminal cases) will be forthcoming with their lawyers. Accountants, however, don't have this privilege. If you make statements or provide documents to your accountant, he can be compelled to divulge them no matter how incriminating.
A correspondence audit is an audit which is conducted entirely through mail. It is the lowest level of IRS audit and typically focuses on simple errors in the taxpayer's return. In a correspondence audit, the taxpayer receives a letter from the IRS requesting information and the production of certain documentation.