| California | Business and Professions Code section 5061 | A licensee may accept commission-based compensation for defined services when disclosed in writing and prohibited services are not performed. A licensee remains prohibited from accepting a fee or commission solely for referring a client to a third party. Disclosure must be clear and conspicuous, signed by the product or service recipient, and state the commission amount or basis of calculation. | Verified | California Board of Accountancy, Commissions and Contingent Fees Same, PDF |
| New York | 8 NYCRR 29.10(i); amended 3 November 2021 | Commission includes a referral fee. Prohibited when the licensee performs an audit or review, a third-party-reliance compilation that does not disclose lack of independence, or an examination of prospective financial information. Disclosure must precede the service, be in writing in 12-point type or larger on letterhead, signed by the licensee and signed and dated by the client, and describe the product, third party, business relationship and dollar amount or basis of calculation. Records kept seven years. | Verified | 8 NYCRR 29.10 (Cornell LII, secondary host) |
| Texas | 22 TAC 501.71; current through 20 September 2024 | Prohibited where the person also performs services for that client requiring independence. Otherwise, the licensee must disclose in writing the nature, source and amount or an estimate no later than making the recommendation, referral or sale. | Verified | 22 TAC 501.71 (Justia, secondary host) |
| Florida | Rule 61H1-21.003; amended 21 December 2009 | No commission or referral fee in connection with audit, review or compilation services, prospective financial data services, or certain agreed-upon procedures. Otherwise, an engagement letter signed by the client before any engagement begins must give complete details of the financial arrangements. | Verified | Fla. Admin. Code R. 61H1-21.003 (Cornell LII, secondary host) |
| New Jersey | N.J.A.C. 13:29-3.12 | Prohibited where the licensee performs an audit, review, or compilation of a financial statement accompanied by a report, broader than the AICPA trigger. Disclosure must be written contemporaneously with or before the referral, signed and dated by both the person or entity to whom the referral is made and the person or entity referred. | Verified | N.J.A.C. 13:29-3.12 (Cornell LII, secondary host) |
| Pennsylvania | 49 Pa. Code 11.24; effective 13 January 2001 | Permitted subject to section 12(p) of the CPA Law. Licensees receiving commissions must report this on the biennial renewal application. Disclosures go in an engagement or representation letter signed by the client. | Verified | 49 Pa. Code 11.24 (Pennsylvania Code, official) Same (Cornell LII) |
| Oregon | OAR Division 30, under ORS 673.345 | Commissions and referral fees permitted subject to conditions. Licensees and firms who receive or pay them must report this on the biennial renewal application. Disclosure must state the amount or basis of calculation, payment source and relationship between source and recipient, and services performed for the compensation. | Verified | OAR Division 30, Code of Professional Conduct Single rule view |
| Washington | WAC 4-30-045; effective 21 November 2024 | Follows the three-service prohibition structure and covers the engagement period and periods covered. Otherwise, the licensee must disclose the arrangement in writing before client acceptance, disclose the fee amount or calculation method, specify the licensee's role as the client's advisor, and obtain written client consent. WAC 4-25-626 is superseded and should not be relied on. | Verified | WAC 4-30-045 (Washington State Legislature, official) |
| All other states and the District of Columbia | Varies | Not verified at source. Many adopt the AICPA code by reference, but several are known to differ in material detail. We will not guess on your behalf. | Not verified | Contact your state board of accountancy. |