Guam § 40108 - Same: Denial, Revocation, Suspension and Withdrawal.

§ 40108. Same: Denial, Revocation, Suspension and Withdrawal.

(a) The Director may refuse to validate or may suspend or revoke,

temporarily or permanently, the registration of tax preparer for any of the

following acts or omissions relating to preparing tax returns for others

for a fee which are done by the tax preparer or any employee,

representative, partner, agent, officer or member of the tax preparation

office:

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(1) Making or authorizing the making of any oral or written

statement or representation, which is intended to induce persons to

use the tax preparation service of the tax preparer, which statement

or representation is fraudulent, untrue or misleading.

(2) Obtaining the signature of a customer on a tax return or

authorizing documents which contain blank spaces to be filled in

after the signature has been obtained.

(3) Failing or refusing to give a customer, for his own records,

a copy of any document requiring his signature, within a reasonable

time after the customer signs such document.

(4) Failing to maintain a copy of any tax return prepared for a

customer for the applicable statue of limitation period.

(5) Engaging in any fraudulent conduct.

(6) Violating the advertising prohibitions set forth in this

Chapter.

(7) Failing to promptly report changes in the information

required by § 40105(d).

(8) Violating the provisions of §7216 of the Guam Income Tax

Laws.

(9) Failing to post the proof of valid registration supplied by

the Director in each tax preparer location.

(10) Failing to sign a customer’s tax return as prescribed by the

Director.

(11) Failing to represent taxpayers in audit or other conferences

required by the Director, provided that such conferences shall be

only for the purpose of discussing the client’s tax return as prepared

by the tax preparer; further provided that nothing in this provision

shall be construed as giving authority to the tax preparer to represent

a client in any legal proceedings before a court of law.

(b) In addition to the grounds specified in Subsection (a), the

Director may refuse to validate or may suspend or revoke, temporarily or

permanently, the registration of a tax preparer if he has been convicted of

a felony having as one of its necessary elements a fraudulent act or an act

of dishonesty or a breach of trust and the time for appeal has elapsed or

the judgment of conviction has been affirmed on appeal, irrespective of

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an order granting probation following such conviction, or suspending the

imposition of sentence or of a subsequent order under the provisions of

the Criminal Procedure Code allowing such person to withdraw his plea

of guilty or setting aside the plea or verdict of guilty, or dismissing the

accusation of information.