Business Consultants: IRS Audit Techniques Guide

What is "consulting"? The dictionary defines consulting as being employed in giving professional advice, either to the public or to those practicing a profession. Treasury Regulation section 1.448-1T(e)(4)(IV) defines the field of consulting as "the provision of advice and counsel," but exclude sales and brokerage services, "or economically similar services." The distinction between the two is based on the facts and circumstances, but a significant factor is whether the taxpayer's compensation is contingent on the outcome of a particular transaction. Thus an economic analyst, data processing consultant, management consultant, or financial planner is performing "consulting" activities; while a securities broker, computer sales agent, recruiter, advertising agent, or insurance broker is not, although these activities may include some element of "advice and counsel." Consulting in the practical sense can be anything.