r/Accounting • u/TaxWatchAmerica • 20h ago
Should the IRS require disclosure when AI is materially used to prepare a tax return?
California just sent a bill to the governor that would put some pretty clear guardrails around lawyers using generative AI. Among other things, attorneys would have to disclose AI use in documents submitted to a court, verify the accuracy of AI-generated material, and they couldn’t delegate the practice of law to AI.
I think tax is going to need a similar line.
Not for every use of AI. Using AI to summarize notes, clean up a spreadsheet or draft an email is very different from using it to determine whether a taxpayer qualifies for a credit, research a tax position, generate technical substantiation, allocate expenses or produce calculations that ultimately land on a return.
The IRS already requires a paid preparer to sign the return and use a PTIN. The preparer is taking responsibility for the substantive accuracy of that return. But right now, neither the IRS nor the taxpayer necessarily knows whether a significant tax position was developed through actual professional analysis or largely generated by an AI system and then signed off on by a human.
We think there should be disclosure when AI crosses that line.
Something as simple as: Was generative AI materially used to determine, calculate or substantiate a position reported on this return?
A “yes” wouldn’t mean the position is bad. AI can absolutely be useful. But it would establish that AI was materially involved and make clear that the signing professional is still responsible for independently reviewing the work.
The third-party study issue makes this even more interesting. If a CPA receives an AI-generated R&D study from an outside provider and relies on it for the return, should the provider be required to disclose how the study was produced? We think yes. And we don’t think that disclosure changes the signing preparer’s responsibility to actually evaluate it.
Law seems to be moving toward AI is fine; undisclosed delegation of professional judgment isn’t.
Tax probably should too.
Would you support an AI disclosure limited to substantive tax work, or do you think the preparer’s signature and PTIN already cover this?