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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 />

with the tax commissioner all original tax returns prepared by the tax return preparer.<br />

This division does not apply to a tax return preparer in any calendar year that begins<br />

on or after January 1, 2013, if, during the previous calendar year, the tax return preparer<br />

prepared not more than 10 original tax returns.<br />

If a tax return preparer required by this section to submit original tax returns by electronic<br />

technology files an original tax return by some means other than by electronic<br />

technology, the tax commissioner shall impose a penalty of $50 for each return in<br />

excess of 11 that is not filed by electronic technology. Upon good cause shown by the<br />

tax return preparer, the tax commissioner may waive all or any portion of the penalty<br />

or may refund all or any portion of the penalty the tax return preparer has paid.<br />

A paid preparer may complete the IT EF opt-out form to request exclusion from the <br />

e-filing mandate. The requests will be reviewed and approved or denied on a case-bycase<br />

basis.<br />

The taxpayer waiver is provided for taxpayers who do not want their tax return to be<br />

e-filed. The taxpayer must attach the completed and signed IT Waiver to his or her<br />

Ohio Form IT 1040 or IT 1040EZ. The taxpayer must complete and sign the waiver<br />

each year.<br />

Oklahoma<br />

House Bill 3166 expands the mandate for those tax preparers who must e-file individual<br />

income tax returns from those who prepare more than 50 returns for the prior year<br />

to any “specified tax return preparer.” The term “specified tax return preparer” has the<br />

same meaning as provided in Section 6011 of the Internal Revenue Code.<br />

The provision which allowed a taxpayer to designate that they did not want their<br />

income tax return e-filed has been deleted. 68 O.S. § 2385.<br />

Oregon<br />

Pennsylvania<br />

House Bill 2071 extends the federal requirement to Oregon personal income tax<br />

returns. Paid preparers who meet the requirements of the federal e-file mandate must<br />

also e-file Oregon personal income tax returns. (The federal mandate: Preparers who<br />

anticipate preparing 11 or more federal individual or trust tax returns during the year<br />

must e-file their returns.) Form 8948 (Preparer Explanation for Not Filing Electronically)<br />

is used to explain why a particular return is being paper-filed.<br />

Individual Returns — For the tax year beginning on or after January 1, 2010, any PA-<br />

40 (2010) Pennsylvania Personal Income Tax Return prepared by a third-party preparer<br />

who submitted at least 50 PA-40 Pennsylvania Personal Income Tax returns or<br />

amended PA-40 Pennsylvania Personal Income Tax returns for any taxable year shall<br />

be e-filed in the manner prescribed by Departmental instructions.<br />

Corporation Returns — For tax years starting on or after January 1, 2011, paid thirdparty<br />

tax preparers who prepare at least 50 PA Corporate Tax Reports (RCT-101) are<br />

required to e-file their clients’ tax reports during calendar years starting on or after<br />

January 1, 2012. Once a third-party preparer is subject to the e-filing mandate, the<br />

third-party preparer will continue to be subject to the mandate regardless of how many<br />

PA corporate tax reports he or she prepares during the year. A paid tax preparer may<br />

be allowed to file a paper report when a taxpayer specifically directs the preparer to do<br />

so or if the preparer proves that e-filing would place undue hardship on the preparer<br />

by filing a written request for a waiver. Volunteer, unpaid preparers; people who pro-<br />

Tax Year 2012 E-5

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