Can a tax preparation firm sell its data to AI?

Why tax return information is off-limits without signed consent, what a tax preparation business could license, and who qualifies by size.

Last updated 5 sources cited1 min read

Short answer: Only firm-owned operating material, unless each taxpayer has signed a valid consent. The 7216 regulations bar disclosing or using tax return information without the taxpayer's written, signed and dated consent unless a rule specifically allows it. On size, few tax prep firms are big enough: Census counts 270 with 30+ employees.

On this page
  1. The 7216 rule
  2. What could be in scope
  3. Size
  4. Before you call a buyer
  5. Frequently asked questions
  6. Sources

The 7216 rule

Tax return preparers may not disclose or use tax return information without the taxpayer's written consent unless a rule specifically allows it (26 CFR 301.7216-3). A consent 'must be signed and dated by the taxpayer', and if it doesn't state a duration it lasts one year. A single document can't authorize both uses and disclosures. See also 26 U.S.C. § 7216.

What could be in scope

  • Office procedures: appointment flow, document intake, e-file status tracking.
  • Staff training and seasonal hiring materials.
  • Marketing and pricing records with no taxpayer data.
  • IT, security and vendor-management policies.

Size

Mode lists accounting at 15+ employees (Mode); micro1 asks for 30+. Mode's bands use full-time US staff (Mode affiliate FAQ), so seasonal preparers may not count.

Industry (U.S. firms, 2022)All firms15+ staff30+ staff50+ staff
Tax preparation services (NAICS 541213)19,464729270112
Accounting, tax prep, bookkeeping & payroll (NAICS 5412)120,0858,0673,8082,368

Source: U.S. Census Bureau, Statistics of U.S. Businesses 2022, detailed employment sizes. Firms (enterprises) by paid employees; contractors are not counted. Each column sums the Census size classes at or above that size.

Before you call a buyer

This is general information, not legal advice. Talk to your own attorney or compliance advisor before you share or license any records.

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Frequently asked questions

Can we add AI training to our consent form?

301.7216-3 sets strict form rules, including separate documents for uses and disclosures. Talk to counsel before drafting anything.

Do seasonal staff count toward 15?

The programs don't say. Mode's FAQ bands use full-time US staff, so ask Mode.

Sources

  1. 26 U.S.C. § 7216 (Cornell LII)law.cornell.edu
  2. 26 CFR § 301.7216-3, Disclosure or use permitted only with the taxpayer's consent (Cornell LII)law.cornell.edu
  3. Mode / BizBuyData referral pagebizbuydata.com
  4. Mode affiliate FAQ (PDF, dated Oct 14, 2026)bizbuydata.com
  5. U.S. Census Bureau, Statistics of U.S. Businesses 2022, detailed employment sizeswww2.census.gov

Referral-fee disclosure: we may be paid by a program if your company signs with it after using this site. General information only, not legal advice.

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