NY Register As Tax Preparer?

I have the Annual Filing System Program certificate. I have ONE Illinois resident client that worked one week in NY State.

Do I have to register? https://www.tax.ny.gov/tp/reg/tpregmore.htm

This is crazy if I have to! I do meet the definition of a Public Accountant.

Thanks

CPAs are exempt from this. I believe the exemption code you use on each NY return is "03" for CPA.

I may be wrong, but I think the definition of a Public Accountant is one qualified as such under the New York Education Law. So the CPA exemption is not available. I suppose what you need to answer is whether a Public Accountant in Illinois counts for NY purposes.

I'm not a CPA. Just a lowly AFSP who does bookkeeping and accounting for small businesses, most of these with home offices

See if this link has any useful information for you. I thought Public Accountants (PAs) had to be employed under a licensed CPA to claim exemption from registration, but I cannot find support in a very quick search.

http://www.op.nysed.gov/prof/cpa/cpascopediffactinact.htm#

FROM the Link.

It appears the exemption to register is quite broad.....

Who is not a tax return preparer
Tax return preparer does not refer to:

attorneys,
CPAs,
PAs (public accountants),
enrolled agents,
volunteer tax preparers,
employees of an attorney,
employees of a CPA,
employees of a PA,
employees of an enrolled agent, or
employees of a business preparing only the business’ tax returns.

See if this link has any useful information for you. I thought Public Accountants (PAs) had to be employed under a licensed CPA to claim exemption from registration, but I cannot find support in a very quick search.

http://www.op.nysed.gov/prof/cpa/cpascopediffactinact.htm#

I think you're correct Cornerstone. I've been doing a lot of searching an come up with the same.

Thanks

FROM the Link.

It appears the exemption to register is quite broad.....

Who is not a tax return preparer
Tax return preparer does not refer to:

attorneys,
CPAs,
PAs (public accountants),
enrolled agents,
volunteer tax preparers,
employees of an attorney,
employees of a CPA,
employees of a PA,
employees of an enrolled agent, or
employees of a business preparing only the business’ tax returns.

Thanks Southpark. What I don't understand is as far as I know, EAs are not licensed by the state, just federal, so why doesn't AFSP practitioners fall under that category?

Of course, since it's a long term client and he has seven other states, I could do this state for free and not sign it and have him mail it in. Registration for 2020 is over, it costs $100 and I would have to take 4 or 16 hours cpe. For one NON RESIDENT return, total tax of $74?

Another reason to stay away from NYS. It is a rip off state

According to their website, it says:

You must register, or renew your registration, with the New York State Tax Department for every calendar year in which you:

will be paid to prepare one or more New York State tax returns or reports; or

I would be more than happy to comp the NY return. I did send an email to NYS. I couldn't locate a phone number to call them, they link you here, there, and everywhere.

YIPPEE!!! After a half hour on the phone, I got someone in their registration office. She says that if I prepare less then ten returns, then registration fee is waived and no education requirements. It took 15 minutes and now I am registered!

Just to chime in here as a NY resident.

The term "Public Acccountant" is a throw back term (1959 to be exact).
I believe the term is reserved for those who are registered as Public Accountant's with NY.
This term, similar to the CPA designation, is not to be used by someone who is not in fact a qualified Public Accountant.

Before I was licensed as a CPA (back in my just out of college days) I used this in my personal letterhead, before I understood the implications.

Certified Public Accountant and Public Accountant are titles that may only be used by those who are licensed by the Board of Regents to offer public accounting services in NYS. While certified public accountants (CPAs) and public accountants (PAs) are both licensed to perform the same public accounting services, they prepare differently to become licensed.

The title "accountant" by itself is not limited in NYS - anyone, regardless of the level of their training or experience, can call themselves an "accountant," whether they have a license or not.

A Public Accountant has a license based solely upon public accounting experience. This is the result of a one-time provision of a 1959 licensing law which allowed those with the required experience to use the PA title and earn a PA license.

While CPAs and PAs have prepared differently for their NYS licenses, they have identical rights to practice public accounting in NYS. In addition, practicing CPAs and PAs must satisfy annual continuing professional education requirements.

http://www.op.nysed.gov/prof/cpa/cpabroch.htm

Practice of public accountancy and use of title "certified public accountant" or "public accountant". Only a person licensed or otherwise authorized to practice under this article shall practice public accountancy or use the title "certified public accountant" or the designation CPA or "public accountant" or the designation PA or any other derivative or designation provided in section seventy-four hundred eight of this article.

Have filed a declaration of intention to practice as a public accountant with the department on or before October first, nineteen hundred fifty-nine, on the basis of evidence that the applicant was engaged for a total of six years during the ten years immediately preceding April twenty-third, nineteen hundred fifty-nine, in the practice of public accountancy as an individual practitioner or as a partner of a partnership or as an employee of such an individual practitioner or partnership engaged in the practice of public accountancy or as an employee of a department, agency or instrumentality of the United States

Any person shall be guilty of a class A misdemeanor who shall use, in connection with the practice of public accountancy, or in any manner tending to imply that he or she is an independent accountant or auditor, the designations "chartered accountant", "certified accountant", "expert accountant", "certified tax accountant", "tax accountant", "enrolled accountant", "enrolled public accountant", "registered accountant", "licensed accountant", "incorporated accountant", "registered public accountant", "licensed public accountant", or any abbreviation thereof, or the letters "C.A.", "E.A.", "C.T.A.", "T.A.", "E.P.A.", "R.A.", "L.A.", "I.A.", "P.A.", "R.P.A.", or, "L.P.A.", except as provided elsewhere in this article, or any other designation tending to imply that he or she has expert knowledge in accounting or auditing. The title "enrolled agent" or the designation "E.A." may only be used by individuals so designated by the United States Internal Revenue Service.

http://www.op.nysed.gov/prof/cpa/article149.htm

This concludes your education into the NY CPA and PA system.

What is the average prep fee (NOT CPA Prepared) for a run of the mill 2 W2 1040, Std Deduction and NYS and NYC tax returns?

No idea for averages, I think I read about $220ish a couple years ago in Accounting Today or similar.

NYC is a part of the NY return (checked off as NYC resident or not) so it's not really a whole separate filing.

Depending on how much they make I would try to get $450-750 for that return.
NYC residents I assume AGI of $200-250k+ for MFJ with 2 W2s.
If it's 2 people with W2s making $80k combined and no kids, probably try to $300 - which is my quoted minimum, although I am guilty of breaking that for pity cases.

I e-file a few NYS & NYC tax returns every year, thus am registered.
Now I have to suffer their email into my account, and routinely delete all of it.

You're a CPA so you don't have to be registered.