California Board of Accountancy

Practice Privilege

When were the California Practice Privilege provisions effective?

The California Practice Privilege provisions became effective January 1, 2006.


Where can I find the statutes and regulations regarding California Practice Privilege?

Sections 5096 through 5096.15 of the California Business and Professions Code (Accountancy Act) and Sections 26 through 35.1 of the California Code of Regulations (CBA Regulations) are available on the California Board of Accountancy (CBA) website at www.cba.ca.gov or from the Practice Privilege Unit at pracprivinfo@cba.ca.gov or (916) 561-1704.


Where can I locate the California Practice Privilege Notification Form?

The California Practice Privilege Notification Form is available on the CBA's website at www.cba.ca.gov on our Forms Page or from the Practice Privilege Unit at pracprivinfo@cba.ca.gov or (916) 561-1704.


How do I submit the Notification Form?

You have the option of submitting the Notification Form on line or by downloading the form from the website and submitting it by mail. A California Practice Privilege expires one year from the submission date of the Notification Form. The submission date for a form sent through the mail will be the postmark date. The submission date will be the actual date of transmission for forms that are signed electronically and submitted on line.


The fee required is $50 for submission of the California Practice Privilege Notification Form without authorization to sign attest reports and $100 for submission of the California Practice Privilege Notification Form with authorization to sign attest reports. The $50/$100 fee must be received by the CBA within 30 days of the Notification Form submission date.


What requirements must I fulfill for a practice privilege in California?

To be eligible for a California Practice Privilege:

  1. Your principal place of business cannot be located in California.
  2. You must hold a valid, current license, certificate, or permit to practice public accountancy from another state and meet one of the following requirements:
    • Possess a valid and active license, certificate, or permit from a state deemed by the CBA as substantially equivalent and the requirements under which the license, certificate, or permit was issued must be deemed by the CBA to be substantially equivalent to the requirements under Section 5093 of the Accountancy Act; or
    • Possess individual education, examination, and experience qualifications that have been determined by the CBA to be substantially equivalent to the qualifications under Section 5093 of the Accountancy Act. Per Section 27(b) of the California Accountancy Regulations, the CBA will accept individual qualification evaluations of substantial equivalency completed by the National Association of State Boards of Accountancy's (NASBA) CredentialNet. Information regarding CredentialNet can be found on NASBA's website at www.nasba.org; or
    • Have practiced public accountancy as a CPA under a current, valid license issued by any state for four of the last 10 years.
  3. If you have any of the disqualifying conditions identified on the California Practice Privilege Notification Form, you may not practice public accountancy in California until you receive CBA approval.

I'm a CPA but am not licensed in a state that is deemed substantially equivalent by the CBA. What options do I have to qualify for California Practice Privilege?

You may qualify for California Practice Privilege by meeting either of the following requirements:

  1. Have practiced public accountancy as a CPA under a current, valid license issued by any state for four of the last 10 years, or
  2. Submit documents reflecting successful passage of the Uniform CPA Exam, college transcripts and documents reflecting completion of experience to the National Association of State Boards of Accountancy's (NASBA) CredentialNet. CredentialNet will evaluate your licensure information and determine equivalency. If deemed substantially equivalent, a file number will be given to you to use for submission of the California Practice Privilege Notification Form. Information regarding CredentialNet can be found on NASBA's website at www.nasba.org.

I'm an out-of-state CPA who is applying for licensure in California. Do I have practice rights in California while my application is being processed?

No. To have practice rights while the CBA is processing your California licensure application, you must submit the California Practice Privilege Notification Form as well as the applicable fee. The CBA must receive the fee within 30 days of your Notification Form submission. Your California Practice Privilege will be terminated at the time your California CPA license is issued by the CBA.


As an out-of-state CPA, is there a limit to the number of times I can submit the California Practice Privilege Notification Form as opposed to applying for California licensure?

The statute and regulations pertaining to a California Practice Privilege do not identify a limitation to the number of times you can submit the Notification Form for a practice privilege.


Can I open a California office and practice full or part-time there under a California Practice Privilege?

No. Pursuant to Section 5096(d)(3) of the Accountancy Act, a California Practice Privilege holder cannot open a California office and provide public accountancy services from that office.


What documentation must I provide with the California Practice Privilege Notification Form?

You are not required to submit documentation with the California Practice Privilege Notification Form unless you identify a disqualifying condition. If you identify a disqualifying condition, you must provide additional information as directed on Attachment 1 of the Notification Form, and you may not practice public accountancy in California until you receive notice from the CBA that the privilege has been approved. The Notification Form must be completed in its entirety.


However, the CBA has the authority to request documentation from you to verify the information you provide on the Notification Form. You are required to reply to a CBA request in a timely manner under Section 5096(e)(5) of the Accountancy Act, which may extend beyond the expiration of your practice privilege.


I am licensed in California and in Texas. My principal place of business is not in California. Can I practice public accountancy in California under practice privilege if my California license is inactive, delinquent, or cancelled?

Yes. You can allow your California CPA license to lapse and practice under a California Practice Privilege as long as you have a valid, current CPA license in another state and meet all requirements to obtain a California Practice Privilege


You should carefully consider the consequences of allowing your California CPA license to be cancelled. Please review the information in the CPA Licensee Handbook located on the CBA's website at www.cba.ca.gov or contact the Licensing Unit at licenseinfo@cba.ca.gov or (916) 561-1701.


I'm a California CPA and prepare tax returns for a few clients in other states. Do other states require a practice privilege in order to continue to serve these clients?

The requirements to practice public accountancy vary among states. It is your responsibility to understand and comply with the laws and requirements of any jurisdiction in which you practice. It is suggested that you contact the relevant state board(s) to determine what is required. Unauthorized practice in another state can be cause for discipline against your California license.


When will my California Practice Privilege expire?

Your California Practice Privilege will expire one year from the submission date of your Notification Form. The submission date for a Notification Form sent through the mail will be the postmark date. The submission date is the actual date of transmission for Notification Forms submitted online.


If you wish to continue practicing public accountancy in California subsequent to the expiration date, you must submit a new Notification Form. Submission of a new Notification Form during the term of an existing California Practice Privilege will automatically terminate the current California Practice Privilege, and a new California Practice Privilege with a one-year term will commence.


If my California CPA license application is not granted, does it affect my California Practice Privilege?

It may affect your California Practice Privilege if your application for CPA licensure is not granted. A review of the California Practice Privilege Notification Form will be performed, and a determination of whether you still qualify for a California Practice Privilege will be made on a case-by-case basis.


Disqualifying Conditions

If I report a disqualifying condition on the Notification Form, when will my California Practice Privilege commence and when will it expire?

If you report a disqualifying condition on your Notification Form, you will not be authorized to practice public accountancy in California until the CBA notifies you that the California Practice Privilege has been approved.


Your California Practice Privilege term still expires one year from the date of submission of the Notification Form and is not extended by a delay in your receiving practice rights.


What happens if I acquire any of the disqualifying conditions listed in Section 32(c) of the CBA Regulations during the term of my California Practice Privilege?

You must cease practicing immediately and may not begin practicing again without prior approval of the CBA. You are required to notify the CBA through your online client account or in writing within 30 days of its occurrence.


Your California Practice Privilege term still expires one year from the date of submission of the Notification Form and is not extended by an interruption of your practice rights.


Requirements for Signing Attest Reports

What experience must I fulfill before I sign an attest report under California Practice Privilege?

You may not sign an attest report unless you have completed at least 500 hours of experience in attest services as described in Section 5095 of the Accountancy Act. Qualifying experience is that which has enabled you to demonstrate an understanding of the requirements of planning and conducting an audit with minimum supervision that results in opinions on full disclosure financial statements.


What documentation must I provide to be able to sign an attest report in California under the practice privilege?

You are not required to submit any documentation with the California Practice Privilege Notification Form. However, the CBA has the authority to request documentation from you and verify any of the information you have submitted on the Notification Form, including whether you fulfilled the experience requirement defined in Section 5095 of the Accountancy Act prior to issuance of the California Practice Privilege.


You are required to reply to a CBA request in a timely manner under Section 5096(e)(5) of the Accountancy Act, even after the expiration of your practice privilege.


Servicing of Clients

I am a Utah CPA who prepares state income tax returns for my Utah resident clients. One of my Utah clients recently moved to California and requested that I continue to prepare his income tax return. Do I need a California Practice Privilege in order to prepare his individual income tax return now that it needs to be filed with the California Franchise Tax Board?

No. Pursuant to Section 5054 of the Accountancy Act, you may prepare tax returns for individuals who are California residents or estate tax returns for the estates of persons who were clients at the time of death as long as you or your firm do not physically enter California to practice public accountancy, do not solicit California clients, and do not assert or imply that you or your firm is licensed or registered to practice public accountancy in California.


Is there a limit to the number of tax returns that can be prepared under the exception referenced in Section 5054 of the California Accountancy Act?

No. There is no limit to the number of tax returns that can be prepared.


I am an out-of-state CPA who performs peer reviews for California accountancy firms. Would I be required to obtain a California Practice Privilege?

No. You would not be required to obtain a California Practice Privilege. Performing a peer review for a California accountancy firm is not a service specified within the definition of the practice of public accountancy contained in Section 5051 of the Accountancy Act.


Safe Harbor Provision

When am I required to notify the CBA that I'm practicing public accountancy in California under the practice privilege?

Notice is required on or before beginning practice. However, there will be no penalty if the notice is given within five business days of commencing practice. Further, you will be deemed to have a practice privilege from the first day of practice in California provided you pay the applicable fee timely.


If notice is given after five business days of commencing practice, the CBA may issue a fine of $250 to $5,000 for late notification.


If the Notification Form is submitted after practice begins in California, even if it is submitted within the five-day safe harbor period, you are required to provide a reason why the notice was not submitted prior to the date of beginning practice in California.


Firm Licensure in California

I work for a CPA firm that is licensed in the State of Maryland but not licensed in California. I will be practicing public accountancy in California under a current and valid California Practice Privilege. Since I will be practicing on behalf of my firm, does my firm need to meet any registration requirements with the CBA?

No. The CPA firm is allowed to practice through the holder of a valid and current California Practice Privilege without having to register with the CBA pursuant to Section 5096.12 of the Accountancy Act.


Specific Inquiries

Because CBA staff cannot answer questions posing specific scenarios to determine if registration is required, is there any other way in which my scenario might be considered?

Yes. While CBA staff cannot respond to your inquiries, your questions and/or scenarios may be considered by the CBA while developing changes to the statutes and/or regulations regarding California Practice Privilege. If you would like to submit your questions or scenarios for this purpose, you may do so via e-mail at pracprivinfo@cba.ca.gov.