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Ask Lane Your Own Question
Category: Tax
Satisfied Customers: 12020
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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1041 form I have a 1041 ready to file but I R S new law

Customer Question

1041 form
I have a 1041 ready to file but I R S new law says I have to e- file.
I have never E filed I prepare a few returns the customer files them
If I prepared 1041small trust can the customer Papere file
Submitted: 2 years ago.
Category: Tax
Expert:  Lev replied 2 years ago.
That is correct - starting 2012 tax season - any tax return preparer who anticipates preparing and filing 11 or more Forms 1040, 1040A, 1040EZ and 1041 during a calendar year must use IRS e-file (unless the preparer or a particular return is administratively exempt from the e-file requirement or the return is filed by a preparer with an approved hardship waiver).So if you are a tax return preparer - generally - there is no choice - and you must e-file.You woudl need to discuss that issue with your authorized e-file provider and e-file.However - if you just prepare ONE tax return - there is no e-file requirement - and you may mail the tax return to the IRS.
Expert:  Lane replied 2 years ago.
Hi,.I have a different answer ... an answer to the question you asked..Yes, the CUSTOMER can file a paper rturn.Let me know if you have questions ....Lane.
Expert:  Lev replied 2 years ago.
Even if you are an authorized e-file provider, clients for whom you prepare one of the returns identified above may choose to file on paper if the return will be submitted to the IRS by the taxpayer. As described in Rev. Proc. 2011-25, tax return preparers in this situation should obtain and keep a signed and dated statement from the client. Also, in this situation and in the cases of administratively exempt returns or returns filed by a tax return preparer with an approved hardship waiver, specified tax return preparers generally should attach Form 8948, Preparer Explanation for Not Filing Electronically, to the client's paper return..Specified tax return preparers may request an undue hardship waiver from the e-file requirement using Form 8944, Preparer e-file Hardship Waiver Request. Form 8944 generally must be submitted to the IRS no later than February 15 of the year for which a waiver is being requested.
Expert:  Lane replied 2 years ago.
Just to provide clarification, you said you only file a few returns.
The 8948 is only required when the PREPARER fits the description of "specified preparer" in the revenue procedure mentioned above.
Someone who reasonably expects to file 10 or fewer individual income tax returns in the calendar year does not have to follow
You simply need to keep your copy when the CUSTOMER files the return, if you file less than 10.