Enlarge image | Form 8944 Preparer e-file Hardship Waiver Request (Rev. September 2021) OMB No. 1545-2200 Department of the Treasury ▶ Go to www.irs.gov/Form8944 for instructions and the latest information. Internal Revenue Service 1 Year and Type of submission Calendar Year 20 Original Reconsideration 2 Preparer’s name and complete address 3 Preparer Tax Identification Name Number (PTIN) P Street address, apartment number or rural route number 4 Telephone Number City or town, state or province and country. Include postal code when appropriate. 5 Are you applying for a waiver because you are a preparer in a firm whose members in the aggregate reasonably expect to file 11 or more covered returns in the calendar year entered on line 1? Yes (Enter firm’s name and EIN below) No Firm’s name ▶ Firm’s EIN ▶ 6 Check the box(es) indicating the (i) Enter the number of returns (ii) Enter the number of (iii) Will you use professional (iv) If you answered “Yes” to form(s) for which the waiver is you filed in the calendar year returns you reasonably tax software to prepare the question 5, enter the number of requested. before the calendar year expect to file in the calendar returns in the calendar year returns your firm reasonably entered on line 1. year entered on line 1. entered on line 1? expects to file in the calendar year entered on line 1. a 1040, 1040-NR, 1040-SR Yes No b 1041 Yes No 7 Reason for Hardship Waiver Request a Bankruptcy (attach court documentation) c Presidential Disaster Area (complete line 9) b Economic (complete lines 8 and 9) d Other (complete line 9) 8 Enter your annual net income or average return preparation fees generated by your preparation Net Income activities. Also, enter two current cost estimates given to you by third parties to obtain the additional $ hardware, software, connectivity, or other services needed to e-file your clients’ returns for the Cost Estimate 1 calendar year. Attach two written cost estimates to Form 8944. See instructions. $ Caution: If you are claiming economic hardship, your waiver will be denied unless you check box 7b Cost Estimate 2 and complete lines 8 and 9. $ 9 If you checked box 7b, 7c, or 7d, explain the hardship or identify the disaster on which this waiver request is based. See instructions for required documentation. Caution: Failure to provide a clear explanation of the direct impact of the disaster or other situation on your ability to e-file will result in denial of your waiver. Under penalties of perjury, I declare that I have examined the contents of this request and accompanying statements, and to the best of my knowledge and belief, they are true, correct, and complete. Signature of applicant Title Date For Privacy Act and Paperwork Reduction Act Notice, see instructions. Cat. No. 37761A Form 8944 (Rev. 9-2021) |
Enlarge image | Form 8944 (Rev. 9-2021) Page 2 General Instructions Who May File Section and subtitle A references are to the Internal Revenue Code If you are a specified tax return preparer who is required to file unless otherwise noted. individual, estate, or trust tax returns electronically, and filing these returns electronically would be a hardship, use this form to request a Future Developments waiver. After evaluating your request, the IRS will notify you in writing For the latest information about developments related to Form 8944 and whether your request was approved or denied. its instructions, such as legislation enacted after they were published, When To File go to www.irs.gov/Form8944. Hardship waiver requests must be submitted from October 1 through What’s New February 15. For example, if you were requesting a waiver for calendar Form 1040-SR. Form 1040-SR, U.S. Tax Return for Seniors, has been year 2022, the request must be submitted between October 1, 2021, added to the list of forms on line 6a for which a specified tax return and February 15, 2022 (for 2021 tax returns). If any due date falls on a preparer can request a hardship waiver from the requirements to file Saturday, Sunday, or legal holiday, you may submit Form 8944 on the electronically. next business day. If we receive Form 8944 after the due date, we will treat Form 8944 as being submitted on time if the envelope containing Areas without internet access. Specified tax return preparers located Form 8944 is properly addressed, contains sufficient postage, and is in areas without internet access can use Form 8944 to request a postmarked by the U.S. Postal Service on or before the due date, or hardship waiver from the requirement to electronically file returns of sent by an IRS-designated private delivery service on or before the due income tax by checking box 7d and providing an explanation of the date. hardship on line 9. See the instructions for lines 7d and 9, later. Any request submitted after the requested date will only be reviewed Purpose of Form under limited circumstances. Generally, the delay in submission must be due to unusual or unforeseen, and unavoidable circumstances. If you Specified tax return preparers use Form 8944 to request an undue are submitting Form 8944 after the required date, attach a statement to hardship waiver from the section 6011(e)(3) requirement to electronically the form explaining the reason(s) why it is being submitted late. file returns of income tax imposed by subtitle A on individuals, estates, and trusts. Unless the IRS approves an applicant’s Form 8944 hardship Where To File waiver request or some other exception applies (see the instructions for Form 8948, Preparer Explanation for Not Filing Electronically), any Mail the completed Form 8944 and any required attachments to: covered return prepared by a specified tax return preparer must be filed Internal Revenue Service electronically if the return is filed by the specified tax return preparer. 310 Lowell Street For more information on who is considered a specified tax return Stop 983 preparer, and the returns to which this requirement applies, see Andover, MA 01810 Specified Tax Return Preparer and Covered Returns below. Allow 4–6 weeks to receive notification of approval or denial of your There are certain administrative exemptions to the e-file requirement. waiver request. These exemptions are not the same as, and are separate from, a hardship waiver. If the covered returns you are preparing for a taxpayer Approval of Waiver meet the criteria for an administrative exemption, or you are a specified If your waiver is approved, you should document your waiver reference tax return preparer who meets the criteria for an administrative number and approval letter date on line 2 of Form 8948. This should be exemption, do not use Form 8944. Instead, use Form 8948. See Notice done for each covered return you file on paper. See Form 8948 for more 2011-26, 2011-17 I.R.B. 720, as modified by Notice 2020-70, 2020-43 information. I.R.B. 913, and the instructions for Form 8948 for more information. Denial of Waiver Specified Tax Return Preparer If your waiver is denied, you must file a properly completed Form 8948 A specified tax return preparer is a tax return preparer, as defined in with any paper return you prepare and file. section 7701(a)(36) and Regulations section 301.7701-15, who is a preparer of covered returns and who reasonably expects (if the preparer Telephone Help is a member of a firm, the firm’s members in the aggregate reasonably If you have a question about completing this form, or if you need to expect) to file 11 or more covered returns during a calendar year. check on the status of a hardship waiver request that you have filed, call Aggregate filing of returns. For the e-file requirement, “aggregate” the IRS at 866-255-0654. means the total number of covered returns that are reasonably expected to be filed by the firm as a whole. For example, if a firm has two Specific Instructions preparers and each preparer in the firm reasonably expects to prepare and file six covered returns, the aggregate for the firm equals 12 Line 1. Enter the calendar year for which you are requesting a hardship covered returns, and each preparer is a specified tax return preparer. waiver. Indicate the type of submission by checking the “Original” or “Reconsideration” box. An original submission is your first request for a Covered Returns hardship waiver for the calendar year entered on this line. A reconsideration is when you are submitting additional information to the Covered returns include any return of tax imposed by subtitle A on IRS that you feel may overturn the denial of an originally submitted individuals, estates, or trusts. A waiver is not needed for any other return request. that is not accepted electronically by the IRS or the IRS has instructed taxpayers not to file electronically. Line 2. Enter your name and complete address. Line 3. You are required to enter all eight digits of your PTIN on line 3. When a Return Is Considered Filed by Preparer Do not file Form 8944 until after you have received your PTIN. If you For the e-file requirement, a return is considered filed by a preparer if have not yet started the PTIN application process, go to the the preparer or any member, employee, or agent of the preparer or the www.irs.gov/PTIN to apply for a PTIN. preparer’s firm submits the tax return to the IRS on the taxpayer’s Line 4. Enter the telephone number where we can contact you if we behalf, either electronically or in paper format. For example, the act of have questions about your hardship waiver request. submitting includes having the preparer or a member of the preparer’s firm drop the return in a mailbox for the taxpayer. Acts such as providing Line 5. If you are a tax return preparer in a firm and the members of the filing or delivery instructions, an addressed envelope, postage firm in the aggregate reasonably expect to file 11 or more covered estimates, stamps, or similar acts designed to assist the taxpayer in the returns during the calendar year for which you are requesting a hardship taxpayer’s efforts to correctly mail or otherwise deliver a paper return to waiver, check the “Yes” box and enter your firm’s name and EIN. If you the IRS do not constitute filing by the preparer as long as the taxpayer are a tax return preparer who is not a member of a firm, check the “No” actually mails or otherwise delivers the return to the IRS. box. |
Enlarge image | Form 8944 (Rev. 9-2021) Page 3 If you are a tax return preparer who reasonably expects to file Line 9. If you checked box 7b, 7c, or 7d, you must explain in detail the fewer than 11 covered returns during the calendar year for hardship that caused you to file this waiver. Waivers filed for economic ▲! which you are requesting a hardship waiver, you may still be hardship must include an explanation of how the estimated additional CAUTION required to e-file the covered returns you prepare and file if costs documented on line 8 would cause an economic hardship. you are a preparer who is a member of a firm. All tax return preparers in Waivers filed for a Presidentially declared disaster must include a firm must e-file the covered returns they prepare and file if the firm’s documentation of the direct impact of the disaster on your ability to preparers, in the aggregate, reasonably expect to file 11 or more electronically file tax returns. Waivers filed for other hardships must covered returns in a calendar year. provide complete documentation detailing the hardship described on Line 6. Check the box(es) beside the form(s) for which the hardship line 9 and the hardship’s impact on your ability to electronically file tax waiver is being requested. returns. If you attach additional sheet(s), include on each sheet the name entered on line 2 and the PTIN entered on line 3. Line 6(i). For each type of return checked, enter the total number of tax returns you filed in the calendar year before the calendar year entered A hardship waiver request based on the lack of an Electronic on line 1. Filing Identification Number (EFIN) will not be considered. It is Line 6(ii). For each type of return checked, enter an estimate of the total ▲! your responsibility to ensure that you have taken all steps to CAUTION comply with the e-filing requirement. number of tax returns you expect to file in the calendar year entered on line 1. When determining this estimate, do not count returns that you Privacy Act and Paperwork Reduction Act Notice. We ask for the reasonably expect your clients will choose to have completed in a paper information on this form to carry out the Internal Revenue laws of the format and will file with the IRS themselves. Also, do not count returns United States. Code section 6011(e)(3) generally requires specified tax that you do not expect to e-file for various reasons. For example, do not return preparers to file income tax returns electronically that they count forms that cannot currently be filed electronically (such as Form prepare and file for individuals, estates, and trusts. Tax return preparers 1041-QFT). For more information, see Notice 2011-26 as modified by who meet the definition of specified tax return preparer use this form to Notice 2020-70. request a hardship waiver from this general requirement. Requesting a Line 6(iv). If you answered “Yes” to question 5, enter the number of tax hardship waiver is optional; however, if you request a hardship waiver, returns all of the preparers in your firm reasonably expect to file in the you must provide the information requested on this form. Section 6109 calendar year entered on line 1. When determining this estimate, do not requires you to provide your identifying number. We may disclose this count any return that would be excluded for the reasons provided earlier information to the Department of Justice for civil or criminal litigation in the instructions for line 6(ii). and to cities, states, the District of Columbia, and U.S. commonwealths Line 7. Check the appropriate box to indicate the reason for the or possessions to administer their tax laws. We may also disclose this hardship waiver request. Check only one box. information to other countries under a tax treaty, to federal and state Line 7a. If you checked box 7a, you must attach a copy of the agencies to enforce federal nontax criminal laws, or to federal law bankruptcy court documentation. enforcement and intelligence agencies to combat terrorism. Failure to provide the requested information may prevent the processing of this Line 7b. If you checked box 7b, you must complete lines 8 and 9. See form; providing false information may subject you to penalties. You are Line 8 and Line 9 below for more information. not required to provide the information requested on a form that is Line 7c or 7d. If you checked box 7c or 7d, you must complete line 9. subject to the Paperwork Reduction Act unless the form displays a valid See Line 9 below for more information. OMB control number. Books or records relating to a form must be Note. If you are located in an area without internet access, check box retained as long as their contents may become material in the 7d to request a waiver for this hardship and complete line 9. administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by Code section 6103. Line 8. Waivers filed for economic hardship must have line 8 completed. The time needed to provide this information may vary depending on In the “Net Income” box, enter your average return preparation fees or individual circumstances. The estimated average time is: annual net income generated by your preparation activities. Enter the cost estimates from two third parties. These cost estimates must reflect Recordkeeping . . . . . . . . . . . . 5 hr., 44 min. the total amount that each third party will charge for purchasing a Learning about the law or the form . . . . . . . . 28 min. computer (if you do not have a computer), software, software upgrades, Preparing and sending the form . . . . . . . 1 hr., 46 min. programming for your current system, and the costs to produce your electronic files. If you do not provide two written cost estimates from If you have comments concerning the accuracy of these time third parties, your request will be denied. Cost estimates must be estimates or suggestions for making Form 8944 simpler, we would be calculated for the calendar year entered on line 1. A cost estimate happy to hear from you. You can send us comments through calculated for a year other than the calendar year entered on line 1 will www.irs.gov/FormComments. Or you can write to the Internal Revenue not be accepted. Service, Tax Forms and Publications Division, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224. Do not send Form 8944 to this If you are claiming economic hardship, your waiver will be address. Instead, see Where To File, earlier. denied unless you check box 7b and complete lines 8 and 9. ▲! CAUTION |