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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 />

• When the taxpayer refuses to allow the return to be e-filed and the tax return preparer<br />

notes the refusal in the taxpayer’s records<br />

• When the tax return preparer has been granted a waiver from mandatory participation<br />

under section .05 (Rule 104).<br />

Maryland<br />

Massachusetts<br />

For any taxable year beginning after December 31, 2010, a preparer who has prepared<br />

more than 100 qualified returns in the prior taxable year is required to file the returns<br />

electronically. The Act authorizes the Comptroller to impose on a preparer a $50 penalty<br />

for each return that is not filed electronically in compliance with this Act, unless<br />

the preparer is able to show that the failure to comply is due to reasonable cause and<br />

not due to willful neglect. The total penalties assessed may not exceed $500 for all<br />

returns filed by the preparer in a taxable year. Waivers are available. Tax-General Article<br />

§10-824<br />

Paid preparers must, under certain conditions, e-file all corporate, S corporation, and<br />

partnership returns and corporate extensions.<br />

Additionally, the Commonwealth of Massachusetts requires personal income tax<br />

extensions with zero payment or with payments of $5,000 or more to be filed (and<br />

paid, if applicable) electronically.<br />

For tax years beginning on or after January 1, 2004, income tax return preparers who<br />

completed 200 or more original Massachusetts Forms 1 and 1-NR-PY, including those<br />

e-filed, during the previous calendar year are required to use electronic means to file<br />

all personal income tax returns unless the taxpayer specifically directs on the paper<br />

form that filing be on paper. The threshold is reduced to 100 returns for tax years<br />

beginning on or after January 1, 2005. The preparer must continue using electronic<br />

means to file returns in all subsequent years unless the preparer completed no more<br />

than 25 original individual income tax returns during the previous calendar year.<br />

(Note: Effective February 16, 2004, software-generated forms that are printed and<br />

mailed to the Department of Revenue must contain a 2-D barcode or the return will be<br />

sent back to the taxpayer unprocessed.)<br />

Michigan Tax preparers completing more than 10 personal income tax returns are required to e-<br />

file all eligible returns that are supported by their software.<br />

Minnesota<br />

Preparers are required to e-file all Minnesota individual income tax returns if they are<br />

in the business of preparing tax returns and reasonably expect to prepare more than 10<br />

MN income tax returns this year. This requirement also applies to preparers located in<br />

other states who expect to prepare more than 10 MN individual income tax returns for<br />

the current year. Do not include in the 10-return threshold returns prepared for businesses,<br />

property tax refund returns, amended income tax returns or returns filed with<br />

other states.<br />

State law (M.S. 289A.08, subd. 16) requires tax preparers who are required to e-file<br />

MN individual income tax returns to pay a $5 fee for each original Form M1 that is<br />

filed on paper that could have been e-filed. The fee will be waived only if the IRS or<br />

the department requires the federal or MN return to be filed on paper.<br />

Tax Year 2012 E-3

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