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Statutes > Oregon > Vol15 > 673

Chapter 673 — Accountants;Tax Consultants and Preparers

2009 EDITION

ACCOUNTANTS;TAX CONSULTANTS AND PREPARERS

OCCUPATIONSAND PROFESSIONS

ACCOUNTANTS

(Generally)

673.010 Definitionsfor ORS 673.010 to 673.457; rules

673.012 Rulesdefining certain terms

673.015 Statementof public interest in regulating practice of accountancy

(Authorityto Practice Public Accountancy)

673.040 Eligibilityfor certificate of certified public accountant; experience requirement;issuance of certificate to licensee from other state or country; fee; rules

673.050 Generalqualifications for candidates for C.P.A. examination; rules

673.060 C.P.A.and public accountant examination; scope; conduct; fee

673.075 Creditfor examination sections taken in other states

673.100 Licenseas public accountant; application; rules; fee

673.103 Publicaccountant audits prohibited; exception

673.138 Liabilityof persons operating in certain registered business organization

673.150 Permitsto engage in practice of public accountancy; permit renewals; fees; rules

673.153 Holdersof licenses issued by other states; fees

673.160 Registrationof business organizations; exceptions; fees; rules

673.165 Continuingeducation; types of programs; hours; waiver; rules

673.170 Disciplinaryactions; grounds; costs

673.173 Ceaseand desist orders

673.175 Reviewof statement or report prepared by accountant required by consent agreement;liability of accountant performing review

673.185 Procedurefor disciplinary actions and adoption of rules; continuing authority of board

673.210 Reissuanceof revoked or suspended licenses

673.220 Inactivestatus; conditions; rules; roster; fees

673.310 Wordsor abbreviations of similar import to certified public accountant, publicaccountant, C.P.A. or P.A. prohibited

(Practiceof Accountancy)

673.320 Requirementsfor providing attestation or compilation services or issuing report;exceptions; use of terms certified public accountant, public accountant, C.P.A.or P.A.; exceptions

673.325 Statementallowed without permit or authorization

673.345 Paymentor acceptance of commissions; contingent fees; referral fees; rules

673.350 Applicationof ORS 673.010 to 673.457 to employees of registered business organizations

673.360 Injunctions

673.370 Actsconstituting prima facie evidence that person is authorized to use wordscertified public accountant or public accountant

673.380 Dispositionof statements, records, schedules, working papers and memoranda of licensee

673.385 Disclosureof client information prohibited; exceptions

673.390 Solicitationpermitted

(CivilPenalties)

673.400 Civilpenalties

(OregonBoard of Accountancy)

673.410 OregonBoard of Accountancy; confirmation; qualifications; enforcement authority

673.415 Furnishingof signature block of income tax return or report by Department of Revenue; useof information; unlawful disclosure

673.440 Compilationof laws and rules; availability

673.445 Codeof professional conduct; accounting standards; rules

673.455 PeerReview Oversight Committee; alternative peer review programs; review of personsand business organizations performing attestation or compilation services

673.457 Reviewby alternative peer review program; right of Oregon Board of Accountancy toconduct review

673.465 Authorityof Oregon Board of Accountancy to require fingerprints

TAXCONSULTANTS AND TAX PREPARERS

(Generally)

673.605 Definitionsfor ORS 673.605 to 673.740

673.610 Applicationof ORS 673.605 to 673.740

673.615 Prohibitedacts; preparation of tax returns; refund anticipation loans

(Licensing)

673.625 Qualificationsfor tax consultant and tax preparer; examination

673.630 Taxconsultant’s application

673.635 Taxpreparer’s application

673.637 Licensingof person licensed in another state or enrolled to practice before InternalRevenue Service; requirements

673.640 Issuanceof licenses

673.643 Preparationof tax returns by corporation, firm or partnership; requirements; liability;prohibitions

673.645 Renewalof licenses; restoration of lapsed license

673.655 Continuingeducation requirement; waiver

673.660 Licensesto be displayed

673.663 Useof title “tax consultant”

673.667 Inactivestatus; application; renewal; reactivation; revocation or suspension;prohibition; rules

673.685 Fees;rules

673.690 Taxconsultant’s records

673.695 Secretaryof State as agent for service of process against nonresident; fee

673.697 Continuingauthority of board

673.700 Disciplinaryaction; grounds

673.705 Prohibitedacts

673.710 Namesof tax preparers and other information furnished by Department of Revenue; useof information

(RefundAnticipation Loans)

673.712 Refundanticipation loan disclosures

673.715 Localgovernment regulation of refund anticipation loans prohibited; preemption

(StateBoard of Tax Practitioners)

673.725 StateBoard of Tax Practitioners; term;

qualification

673.730 Powersof board; rules

673.732 Ceaseand desist orders

673.735 Civilpenalties

673.740 Educationalprogram as remedy

CRIMINALPENALTIES

673.990 Criminalpenalties

ACCOUNTANTS

(Generally)

673.010Definitions for ORS 673.010 to 673.457; rules. As used in ORS673.010 to 673.457:

(1)“Attestation services” means the following professional services required to beperformed under rules adopted by the Oregon Board of Accountancy pursuant toORS 673.445 as follows:

(a)An audit or other engagement for which performance standards are included inthe Statements on Auditing Standards (SAS);

(b)Review of a financial statement for which performance standards are included inthe Statements on Standards for Accounting and Review Services (SSARS);

(c)Examination of prospective financial information for which performancestandards are included in the Statements on Standards for AttestationEngagements (SSAE); and

(d)Engagements for which performance standards are included in the AuditingStandards of the Public Company Accounting Oversight Board.

(2)“Business organization” means any form of business organization authorized bylaw, including but not limited to a proprietorship, partnership, corporation,limited liability company, limited liability partnership or professionalcorporation.

(3)“Certificate” means a certificate of certified public accountant issued underORS 673.040.

(4)“Client” means a person who agrees with a licensee to receive any professionalservice from the licensee.

(5)“Commission” means money or other consideration recognized as a commissionunder rules adopted by the board pursuant to ORS 673.012.

(6)“Compilation services” means professional services required to be performed inaccordance with the Statements on Standards for Accounting and Review Services(SSARS) under rules adopted by the Oregon Board of Accountancy pursuant to ORS673.445 in which the person performing the services presents a financialstatement that:

(a)Is based on the representation of the owner or management of the company forwhich the statement is presented; and

(b)Does not include assurances by the person that the representations in thefinancial statement conform to generally accepted accounting principles.

(7)“Contingent fee” means a fee established for the performance of anyprofessional service and directly or indirectly paid to a licensee pursuant toan arrangement in which no fee will be charged unless a specified finding orresult is attained, or in which the amount of the fee is otherwise dependentupon the finding or result of such service. A fee is not contingent if the fee:

(a)Is fixed by courts or other public authorities; or

(b)In tax matters, is determined based on the results of judicial proceedings orthe findings of governmental agencies.

(8)“License” means:

(a)A certificate, permit or registration, or a license issued under ORS 673.100,enabling the holder thereof to practice public accountancy in this state; or

(b)A certificate, permit, registration or other authorization issued by ajurisdiction outside this state enabling the holder thereof to practice publicaccountancy in that jurisdiction.

(9)“Licensee” means the holder of a license as defined in subsection (8)(a) ofthis section.

(10)“Manager” means a manager of a limited liability company.

(11)“Member” means a member of a limited liability company.

(12)“Peer review” means a study, appraisal or review of one or more aspects of thepublic accountancy work of a holder of a permit under ORS 673.150, or of aregistered business organization that performs attestation or compilationservices, that is conducted by:

(a)A certified public accountant who holds an active permit issued under ORS673.150 or an active license issued by the licensing authority for the practiceof public accountancy in another state and who is independent of the permitholder or registered business organization being reviewed; or

(b)A public accountant who holds an active permit issued under ORS 673.150 and whois independent of the permit holder or registered business organization beingreviewed.

(13)“Permit” means a permit to practice public accountancy issued under ORS673.150.

(14)“Principal place of business” means the office location designated by a personfor purposes of substantial equivalency and reciprocity.

(15)“Professional” means arising out of or related to the specialized knowledge orskills associated with certified public accountants and public accountants.