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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 />

The Tax Commissioner has the authority to waive the requirements to e-file if that<br />

requirement would cause an undue hardship for the tax preparer. The tax preparer<br />

must request the waiver (Form 8454-P) in writing and clearly demonstrate the nature<br />

of the undue hardship. Hardship waiver requests will be responded to within 45 days<br />

of receipt.<br />

Taxpayers may elect not to have their returns e-filed. To opt out, the taxpayer must<br />

complete the Taxpayer Opt Out Form 8454T, which is to be retained by the tax preparer.<br />

In addition, the tax preparer will indicate on the taxpayer’s return that the taxpayer<br />

elected to opt out of the e-file requirement.<br />

Both Form 8454P and Form 8454T are available through <strong>Drake</strong> <strong>Software</strong>.<br />

West Virginia<br />

Income tax preparers who filed more than 25 personal income tax returns, and will be<br />

using tax preparation software to complete one or more of these returns, must e-file<br />

them for the current tax year. Tax preparers may opt-out of the e-file provision if the<br />

preparer has clients who prefer not to e-file.<br />

Starting in 2012, taxpayers who pay more than $10,000 in any tax for a single year<br />

must e-file all returns; however the Department, through procedural rule, decided to<br />

phase this requirement in over three years. The threshold will be $50,000 for the tax<br />

year beginning January 1, 2013 (look back to 2012), $25,000 for the tax year beginning<br />

January 1, 2014, and $10,000 for the tax year beginning January 1, 2015. W.V.<br />

Code of State Rules 110-10D-9.3.a. Under this procedural rule, the Commissioner has<br />

the authority to “carve out” certain tax types from the e-file requirement. Personal<br />

income tax is the tax that will likely be carved out of this requirement.<br />

Wisconsin<br />

Practitioners who filed 50 or more Wisconsin individual income tax returns in prior<br />

years are required to e-file returns. A practitioner can ask for a waiver from the e-filing<br />

requirement if the requirement causes an undue hardship. If a taxpayer wishes to<br />

file a paper tax return, the practitioner is not required to e-file that return. The taxpayer<br />

should write “no e-file” by his or her signature on the tax return.<br />

Combined Corporate returns must be e-filed. <strong>Drake</strong> <strong>Software</strong> does not support e-filing<br />

of Combined or Apportioned corporation returns. A waiver request can be e-mailed<br />

(DORWaiverRequest@revenue.wi.gov), faxed (608-267-1030) or mailed to the state<br />

at:<br />

Mandate Waiver Request<br />

Wisconsin Department of Revenue<br />

Mail Stop 5-77<br />

P.O. Box 8949<br />

Madison, WI 53708-8949<br />

The state DOR has mailed letters to corporations and partnerships that are required to<br />

e-file. The Wisconsin Administrative Code provides that the DOR may require any<br />

corporation franchise or income tax return or any partnership return to be e-filed.<br />

Tax Year 2012 7

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