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The sweeping new IRS licensing scheme endangers the livelihood of an estimated 350,000 tax preparers and harms the nearly 100 million taxpayers who rely on paid tax preparers. That's why the Institute for Justice recently filed a federal lawsuit on behalf of three independent tax preparers, challenging regulations that require preparers to get the IRS' permission before they can work.

By Justin Sullivan, Getty Images

The IRS claims this is for consumer protection, pointing to error rates on tax returns. But the tax code is so complex that, according to a government study, even IRS employees answer tax questions correctly and completely less than half the time. To reduce errors, perhaps we ought to simplify the tax code, not create more red tape.

The real effect of this licensing scheme is to raise prices.

Compliance will be expensive for preparers, and those costs will be passed on to taxpayers. Further, these regulations will force many preparers out of business. That's precisely the purpose of licensing schemes: reduce competition, drive up prices.

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So who do these regulations really protect? Investment bank UBS found that the regulations help H&R Block by creating "barriers to entry" for "small preparers." That's why major tax prep firms supported the regulations; they can absorb compliance costs that drive smaller competitors out of business.

Despite these serious drawbacks, the IRS offers no evidence that the licensing scheme will be any more effective than a voluntary certification program, which would allow taxpayers freedom to choose. Some taxpayers might prefer a certified preparer, while others might favor a friend, relative or preparer they have used for years.

Excerpt from:
Opposing view: Overturn IRS license scheme