Home / For CPA Firms / Section 7216 and CPA marketing

Section 7216 and CPA marketing: what you can send without consent

Federal law limits how tax preparers use and disclose client tax return information, including for marketing. You can usually email past clients about next year's tax prep and send educational content. Marketing other services, or using what is in the return, needs the client's written consent first.

Updated October 12, 2026

The short answer

Section 7216 of the Internal Revenue Code limits how a tax return preparer can use and disclose tax return information. It covers more than the return itself: information a client gives you to prepare a return, including contact details, can count. "Use" is regulated as tightly as "disclosure," so pulling client data into a marketing list or tool is covered, not only sharing it.

What you want to doGenerally
Follow up with a new prospect who contacted youNot return information yet. Normal marketing rules apply (consent for texts, honest advertising)
Email past tax clients about this year's tax prepAllowed using a basic client contact list
Send past clients tax tips or general business newsAllowed using a basic client contact list
Market bookkeeping, payroll, advisory or financial products to tax clientsNeeds the client's written consent first
Target clients based on what is in their return (income, refund, deductions)Needs the client's written consent first
Share client lists with a related firm or outside companyNeeds the client's written consent first

What you can do without consent

The regulations let a preparer keep a basic list of clients for whom it prepared returns: names, mailing addresses, email addresses, phone numbers, entity type and the tax form number (Treas. Reg. 301.7216-2(n)). You can use that list to:

  • Send tax information and general business or economic information for educational purposes.
  • Solicit additional tax return preparation services, such as next year's return.

That is why a yearly "time to book your tax appointment" campaign to past clients is normally fine, while a campaign selling a different service is not without consent.

What needs written consent first

  • Marketing services that are not tax return preparation to tax clients, such as bookkeeping, payroll, advisory or financial products.
  • Using details from the return itself to decide who to market to or what to offer.
  • Disclosing return information to anyone outside the permitted exceptions, including a related company.

The consent must be knowing and voluntary, in writing, signed and dated, and specific about what information is used and for what purpose (Treas. Reg. 301.7216-3). You cannot make your tax services conditional on the client signing it. A single consent cannot cover both use and disclosure. For Form 1040 clients, Rev. Proc. 2013-14 sets required wording and format.

Timing matters

Consents to use return information to solicit other services generally have to be obtained before you hand the client the completed return to sign. If a client declines, you generally cannot keep asking. Build the consent into your engagement process, not your marketing calendar.

What happens if you get it wrong

Knowingly or recklessly disclosing or using tax return information outside the rules is a federal crime under Section 7216, with fines and possible imprisonment. Section 6713 adds a civil penalty for each improper disclosure or use. The penalties are higher when the disclosure is connected to identity theft.

How we build CPA marketing around it

  • Prospect follow-up runs on people who contacted your firm, with texting consent.
  • Past-client campaigns use only the basic contact list and only promote tax prep or share educational content, unless you have consent on file.
  • No return data in the CRM. The marketing system never imports tax software data, refunds, income or deductions.
  • Consent tracking. A field and tag in the CRM so other-service campaigns only reach clients who signed.
  • Your counsel approves consent wording and campaigns before anything goes out.

Sources: IRC Section 7216; IRC Section 6713; Treasury Regulations 301.7216-1 through 301.7216-3; Rev. Proc. 2013-14. This page is general information, not legal or tax advice. Have your attorney review your consent language and marketing practices.

Want it set up for your practice or business?

On a free call, we'll map your calls and show you what we'd automate first and what stays with your team.

Done for you

Free strategy call

No obligation. If we can help, we'll explain the plan and the investment.

  • How you show up on Google and AI today
  • Where leads are being missed
  • A plan for the next 90 days
Book My Free Strategy Call

Questions from CPA firms

Can a CPA firm text its clients?

Generally yes for tax-prep reminders and educational content using a basic client contact list, as long as the client agreed to receive texts. Marketing other services by text needs Section 7216 consent first.

Is a client's email address tax return information?

It can be. Contact details a client gave you to prepare a return can be covered, which is why the regulations spell out a limited client-list exception.

Do new leads fall under Section 7216?

Generally no. Someone who contacted your firm but has not given you information to prepare a return is a prospect, so ordinary marketing and texting rules apply.

Can I market bookkeeping to my tax clients?

Only with the client's written consent obtained under Treasury Regulation 301.7216-3, usually before you provide the completed return for signature.

Is this legal advice?

No. It is general information. Have your attorney review your consent language and marketing practices.