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User's Manual - Drake Software

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<strong>Drake</strong> <strong>Software</strong> User’s <strong>Manual</strong><br />

Opt-out Information: If a client refuses to allow you to e-file his or her return, you can<br />

remain in compliance with the mandate by having your client complete and sign Form<br />

IL-8948, Electronic Filing Opt-Out Declaration. Retain all Forms IL-8948 you receive<br />

from your clients in your files for three years. The department may request copies at<br />

any time.<br />

Form IL-8948 is available through <strong>Drake</strong> <strong>Software</strong>.<br />

Indiana<br />

Professional tax return preparers who files more than 50 personal income tax returns<br />

in a calendar year for resident or nonresident individuals must file personal income tax<br />

returns in an electronic format in the immediately following calendar year. If a tax preparer<br />

is part of a firm, the mandate applies to the firm as a whole. If an individual<br />

employed by the firm prepares more than 100 returns for clients other than the firm’s<br />

clients, that individual must also e-file the returns. Amended returns are not counted<br />

because they cannot be e-filed.<br />

A paid preparer’s client may refuse to allow his or her income-tax return to be e-filed.<br />

In order for the preparer to avoid being penalized for not e-filing the tax return, a completed<br />

Form IN-OPT must be signed by the client, and the paid preparer must keep this<br />

form on file for five years.<br />

Professional preparers are subject to a penalty of $50 for each return not filed in an<br />

electronic format, with a maximum penalty of $25,000 per calendar year.<br />

Kansas<br />

Kentucky<br />

Louisiana<br />

Preparers who file 51 or more returns a year are required to file at least 90 percent of<br />

their returns electronically. The requirement applies to any paid preparer who prepares<br />

51 or more Kansas individual income tax returns during any calendar year. The combined<br />

total of the returns prepared by all employees at all of the tax preparer's locations<br />

will be used to determine whether or not the tax preparer is subject to the e-filing<br />

requirement. The Secretary may waive the e-filing requirement if it is determined that<br />

complying with the requirement would cause an undue hardship.<br />

Tax preparers who file 11 or more individual income tax returns are required to e-file<br />

their client’s returns. There are some exceptions to the mandate. Form 8948-K (Preparer<br />

Explanation for Not Filing Electronically) is used to explain why a particular<br />

return is being filed by paper. The form should be attached to and mailed with the<br />

paper return.<br />

The e-filing mandate requires tax preparers filing more than 100 individual income<br />

tax returns to e-file at least 90 percent of the returns, as authorized by Louisiana<br />

Revised Statute 47:1520.<br />

Failure to comply with the e-filing requirements will result in the assessment of a penalty<br />

of $100 or five percent of the tax, whichever is greater. The e-filing requirement<br />

may be waived if complying with the requirement would cause undue hardship.<br />

Maine<br />

Tax return preparers must file by electronic data submission all original Maine tax<br />

returns for individual income tax that are eligible for electronic filing, except:<br />

• When for the previous calendar year, the tax return preparer prepared 10 or fewer<br />

original Maine tax returns for individual income tax that are eligible for e-filing<br />

E-2 Tax Year 2012

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