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IRS §7216 and AI: what tax preparers need to know.

Short answer

IRC §7216 makes it a crime for a tax preparer to knowingly or recklessly disclose or use tax return information without authorization: up to $1,000 and a year in prison. §6713 adds $250 per disclosure. Putting identifiable client data into an outside AI service can be a disclosure, so firms get consent or keep data local.

What counts as tax return information?

The regulations define it broadly: “any information, including, but not limited to, a taxpayer’s name, address, or identifying number, which is furnished in any form or manner for, or in connection with, the preparation of a tax return of the taxpayer” (Treas. Reg. §301.7216-1(b)(3), as quoted by the IRS). That covers far more than the numbers on the return.

What the IRS said about AI in June 2026

IRS Office of Professional Responsibility Issue 2026-19 (June 24, 2026), “Introductory Guidelines for Responsible AI Use in Federal Tax Practice,” applies existing Circular 230 rules to AI:

  • Due diligence (§10.22): thoroughly review all AI-created documents before they go to a client or the IRS, including facts, citations and calculations.
  • Fees (§10.27): don’t bill for time not actually spent; pass on AI cost savings openly.
  • Competence (§10.35): understand how AI systems work, their limits and risks.
  • Firm procedures (§10.36): train staff, set secure data-handling protocols, and vet outsourced or third-party AI tools, with all steps documented.
  • Written advice (§10.37): don’t rely on AI output without verification.
  • Disclosure (§§6713, 7216; Circular 230 §10.51(a)(15)): the IRS says practitioners “must strictly handle all client data using only secure, enterprise-approved AI.”

Your options for client data and AI

OptionWhat it meansWatch out for
Keep client data outUse AI only for research and anonymized questionsReal anonymization is harder than deleting the name
Get compliant consentWritten consent before the disclosure; for 1040-series clients, the format in Rev. Proc. 2013-14Consent must be specific; a general “we use technology” clause doesn’t do it
Rely on a regulatory exceptionTreas. Reg. §301.7216-2 permits certain disclosures to service providers assisting with return preparationWhether a general-purpose AI service qualifies is unsettled; confirm with an advisor
Process it locallyRun AI on hardware the firm controls, so the data isn’t disclosed to an AI providerYou still need security, access controls and review

Checklist for a tax practice using AI

  • Inventory the AI toolsIncluding AI features inside software you already use.
  • Map client dataWhich tools receive tax return information, and under what terms.
  • Choose a path per toolKeep data out, consent, exception or local.
  • Write the proceduresTraining, data handling, vendor vetting: §10.36 expects them documented.
  • Review every outputFacts, figures and citations before anything leaves the firm.
  • Bill honestlyReflect AI efficiencies in fees.

Where AdminOnsite fits

AdminOnsite runs the models on a Mac mini in your office, so client email, workpapers and prior-year files it works on are processed there and not sent to an AI provider. It drafts, summarizes, searches and reminds; preparers make every determination. We don’t make compliance claims, and whether your setup meets §7216 is a question for your own advisor. See AI for accounting firms.

Questions

Can CPAs use ChatGPT with client data?

Not with identifiable tax return information in a personal account. With a business plan, the conservative reading is that compliant written consent is needed unless an exception clearly applies; many firms anonymize or keep the data local. Confirm with your advisor.

What are the penalties under §7216?

Criminal: a fine of up to $1,000, up to a year in prison, or both, for knowing or reckless unauthorized disclosure or use. Civil (§6713): $250 per disclosure, up to $10,000 a year.

Did the IRS approve any AI tools?

No. Issue 2026-19 says firms must vet third-party AI tools themselves and document that they did.

Does running AI locally make §7216 irrelevant?

No. The rules on use of return information still apply, and so does Circular 230. Local processing means the data isn’t disclosed to an AI provider.

Where can I find the consent format?

Rev. Proc. 2013-14 sets out the format and required language for consents from 1040-series taxpayers.

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