Brief Case

Circular 230 § 10.4

Eligibility to become an enrolled agent, enrolled retirement plan agent, or registered tax return preparer.
CFR 2007 annual edition (revised as of 2007-07-01) · superseded Jul 1, 2008
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Historical text in effect Jul 1, 2003 through Jun 30, 2008. View current · Compare with current
(a) Enrollment upon examination. The Director of Practice may grant enrollment to an applicant who demonstrates special competence in tax matters by written examination administered by, or administered under the oversight of, the Director of Practice and who has not engaged in any conduct that would justify the censure, suspension, or disbarment of any practitioner under the provisions of this part.
(b) Enrollment of former Internal Revenue Service employees. The Director of Practice may grant enrollment to an applicant who, by virtue of his or her past service and technical experience in the Internal Revenue Service, has qualified for such enrollment and who has not engaged in any conduct that would justify the censure, suspension, or disbarment of any practitioner under the provisions of this part, under the following circumstances—
(1) The former employee applies for enrollment to the Director of Practice on a form supplied by the Director of Practice and supplies the information requested on the form and such other information regarding the experience and training of the applicant as may be relevant.
(2) An appropriate office of the Internal Revenue Service, at the request of the Director of Practice, will provide the Director of Practice with a detailed report of the nature and rating of the applicant's work while employed by the Internal Revenue Service and a recommendation whether such employment qualifies the applicant technically or otherwise for the desired authorization.
(3) Enrollment based on an applicant's former employment with the Internal Revenue Service may be of unlimited scope or it may be limited to permit the presentation of matters only of the particular class or only before the particular unit or division of the Internal Revenue Service for which the applicant's former employment has qualified the applicant.
(4) Application for enrollment based on an applicant's former employment with the Internal Revenue Service must be made within 3 years from the date of separation from such employment.
(5) An applicant for enrollment who is requesting such enrollment based on his or her former employment with the Internal Revenue Service must have had a minimum of 5 years continuous employment with the Internal Revenue Service during which he or she must have been regularly engaged in applying and interpreting the provisions of the Internal Revenue Code and the regulations thereunder relating to income, estate, gift, employment, or excise taxes.
(6) For the purposes of paragraph (b)(5) of this section, an aggregate of 10 or more years of employment in positions involving the application and interpretation of the provisions of the Internal Revenue Code, at least 3 of which occurred within the 5 years preceding the date of application, is the equivalent of 5 years continuous employment.
(c) Natural persons. Enrollment to practice may be granted only to natural persons.
Circular 230 § 10.4 — Eligibility to become an enrolled agent, enrolled retirement plan agent, or registered tax return preparer. · CFR 2007 annual edition (revised as of 2007-07-01) · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr31-10.4&asof=2003-07-01 · printed Oct 16, 2026
On this page
  • (a) Enrollment upon examination.
  • (b) Enrollment of former Internal Revenue Service employees.
  • (c) Natural persons.
Cited by (code & regs)
Guidance addressing this section
IRS / Treasury
Notices
  • Notice 2026-27 May 18, 2026 — This notice specifies updated static mortality tables to be used for defined benefit pension plans under § 430(h)(3)(A) of the Code and section 303(h)(3)(A) of… (a)
Proposed Rules
  • 86 FR 53893Proposed Sep 29, 2021 — User Fees Relating to the Enrolled Agent Special Enrollment Examination and the Enrolled Retirement Plan Agent Special Enrollment Examination Comments due Nov 15, 2021 (a)(b)
  • 75 FR 76940Proposed Dec 10, 2010 — User Fees Relating to Enrolled Agents and Enrolled Retirement Plan Agents Comments due Jan 10, 2011 (a)(b)
Also cited in 5 other documents
IRS / Treasury
Proposed Rules
  • 89 FR 104915Proposed Dec 26, 2024 — Regulations Governing Practice Before the Internal Revenue Service Comments due Feb 24, 2025 (d)
  • 87 FR 11366Proposed Mar 1, 2022 — User Fees Relating to Enrolled Agents and Enrolled Retirement Plan Agents Comments due May 11, 2022 (a)(b)
  • 83 FR 58202Proposed Nov 19, 2018 — User Fees Relating to Enrolled Agents and Enrolled Retirement Plan Agents Comments due Jan 18, 2019 (a)(b)
Final Rules
  • 84 FR 20801 May 13, 2019 — User Fees Relating to Enrolled Agents and Enrolled Retirement Plan Agents
  • 76 FR 21805 Apr 19, 2011 — User Fees Relating to Enrolled Agents and Enrolled Retirement Plan Agents (b)
Tax Court (1) · DOL/Federal (0)
U.S. Tax Court (1)
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Each row is a version of the text as published by the official source. Code dates are the edition/release point that first reflected the change; regulation dates are eCFR effective dates. The library checks the official sources automatically, so new versions appear here on their own; “run” opens the sync that recorded a version.

EffectiveThroughSourceAmended by
Jul 1, 1997Jun 30, 2003CFR 2001 annual edition (revised as of 2001-07-01) run 12759 FR 31526, June 20, 1994View
Jul 1, 2003Jun 30, 2008CFR 2007 annual edition (revised as of 2007-07-01) run 127View · Redline (sign in)
Jul 1, 2008Jun 30, 2011CFR 2010 annual edition (revised as of 2010-07-01) run 127T.D. 9359, 72 FR 54545, Sept. 26, 2007View · Redline (sign in)
Jul 1, 2011Jun 30, 2012CFR 2011 annual edition (revised as of 2011-07-01) run 127T.D. 9359, 72 FR 54545, Sept. 26, 2007View · Redline (sign in)
Jul 1, 2012currenteCFR amendment effective 2016-12-30 run 5T.D. 9527, 76 FR 32301, June 3, 2011View · Redline (sign in)
Provision-level history (blame)