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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 />

For purposes of this law, the business entity, as a whole, is the “preparer.” If the business<br />

employs individuals to prepare returns, the total number of returns prepared by<br />

all employees in the business count toward the 10-return threshold. Likewise, if the<br />

business operates from multiple locations, the total of returns prepared by all locations<br />

count toward the threshold.<br />

Nebraska<br />

New Jersey<br />

New Mexico<br />

New York<br />

Effective Jan. 1, 2010, any paid preparer who prepares and files more than 25 individual<br />

income tax returns annually must file the returns electronically.<br />

Practitioners who prepared 11 or more NJ resident income tax returns must file their<br />

clients’ returns via one of the state’s three e-filing services. An E-File Opt-Out<br />

Request Form, Form NJ- 1040-O, is available for taxpayers who choose not to have<br />

their returns e-filed by a tax practitioner.<br />

Mandatory e-file of PIT returns by preparers filing more than 25 returns; taxpayers<br />

can opt out in writing; penalty for noncompliance $5 per return.<br />

1. If a tax return preparer prepares 11 or more authorized tax documents for compensation,<br />

then all authorized tax documents prepared by that tax return preparer must<br />

be e-filed. There is no client opt-out provision. Tax preparers who do not comply<br />

with the e-file mandate may be subject to a $50 per document penalty.<br />

2. Individual taxpayers are required to e-file their NYS personal income tax returns<br />

if they meet the following conditions:<br />

– They use tax software to prepare their own return<br />

– Their tax software supports e-filing of their return<br />

– They have broadband access<br />

New York State law prohibits software companies from charging an additional e-filing<br />

fee. If individual taxpayers don't meet all three of these conditions, or if they prepare<br />

returns using paper and pencil, they are not required to e-file.<br />

The $25 penalty that applied when an individual was required to e-file but instead<br />

filed using paper has been removed.<br />

New York<br />

City<br />

New York City instituted a preparer mandate for the first time for tax year 2010. No<br />

change has been made to this mandate for tax year 2011. Preparers must e-file if they<br />

both:<br />

• Prepared more than 100 original New York City General Corporation Tax or<br />

Unincorporated Business Tax documents in calendar year 2011, including tax<br />

documents for prior periods<br />

• Used tax software to prepare one or more corporation tax documents in 2011.<br />

Tax preparers who meet the mandated criteria above cannot opt-out of the e-filing<br />

mandate. If a taxpayer wants to opt-out, he or she must apply for a hardship waiver<br />

available at:<br />

www.nyc.gov/html/dof/html/contact/contact_emailefilewaiver.shtml.<br />

Ohio<br />

A tax return preparer that prepares more than 11 original tax returns during any calendar<br />

year that begins on or after January 1, 2013, shall use electronic technology to file<br />

E-4 Tax Year 2012

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