Enlarge image | Form 8944 Preparer e-file Hardship Waiver Request OMB No. 1545-2200 (Rev. September 2018) ▶ Go to www.irs.gov/Form8944 for instructions and the latest information. Department of the Treasury 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, 1040NR 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. 9-2018) |
Enlarge image | Form 8944 (Rev. 9-2018) Page 2 General Instructions waiver. After evaluating your request, the IRS will notify you in writing whether your request was approved or denied. Section and subtitle A references are to the Internal Revenue Code unless otherwise noted. When To File Future Developments Hardship waiver requests must be submitted from October 1st through February 15th. For example, if you were requesting a waiver for calendar For the latest information about developments related to Form 8944 and year 2019, the request must be submitted between October 1, 2018, its instructions, such as legislation enacted after they were published, and February 15, 2019 (for 2018 tax returns). If any due date falls on a go to www.irs.gov/Form8944. Saturday, Sunday, or legal holiday, you may submit Form 8944 on the next business day. If we receive Form 8944 after the due date, we will What's New treat Form 8944 as being submitted on time if the envelope containing Forms 1040A and/or 1040EZ are not being revised for tax year 2018. Form 8944 is properly addressed, contains sufficient postage, and is Previous filers for these forms will file Form 1040 for 2018; all references postmarked by the U.S. Postal Service on or before the due date, or for these forms have been revised accordingly. If you need to file a prior sent by an IRS-designated private delivery service on or before the due year tax return, use the form and instructions revision for that tax year. date. Purpose of Form Any request submitted after the requested date will only be reviewed under limited circumstances. Generally, the delay in submission must be Specified tax return preparers use Form 8944 to request an undue due to unusual or unforeseen, and unavoidable circumstances. If you hardship waiver from the section 6011(e)(3) requirement to electronically are submitting Form 8944 after the required date, attach a statement to file returns of income tax imposed by subtitle A on individuals, estates, the form explaining the reason(s) why it is being submitted late. and trusts. Unless the IRS approves an applicant's Form 8944 hardship waiver request or some other exception applies (see the instructions for Where To File 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 electronically if the return is filed by the specified tax return preparer. Internal Revenue Service For more information on who is considered a specified tax return 310 Lowell Street preparer, and the returns to which this requirement applies, see Stop 983 Specified Tax Return Preparer and Covered Returns below. Andover, MA 01810 There are certain administrative exemptions to the e-file requirement. Allow 4–6 weeks to receive notification of approval or denial of your These exemptions are not the same as, and are separate from, a waiver request. 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 tax return preparer who meets the critieria for an administrative If your waiver is approved, you should document your waiver reference exemption, do not use Form 8944. Instead, use Form 8948. See Notice number and approval letter date on line 2 of Form 8948. This should be 2011-26, 2011-17 I.R.B. 720, and the instructions for Form 8948 for done for each covered return you file on paper. See Form 8948 for more more information. information. Specified Tax Return Preparer Denial of Waiver A specified tax return preparer is a tax return preparer, as defined in If your waiver is denied, you must file a properly completed Form 8948 section 7701(a)(36) and Regulations section 301.7701-15, who is a with any paper return you prepare and file. preparer of covered returns and who reasonably expects (if the preparer is a member of a firm, the firm's members in the aggregate reasonably Telephone Help expect) to file 11 or more covered returns during a calendar year. If you have a question about completing this form, or if you need to Aggregate Filing of Returns. For the e-file requirement, “aggregate” check on the status of a hardship waiver request that you have filed, call means the total number of covered returns that are reasonably expected the IRS at 1-866-255-0654. to be filed by the firm as a whole. For example, if a firm has 2 preparers and each preparer in the firm reasonably expects to prepare and file 6 Specific Instructions covered returns, the aggregate for the firm equals 12 covered returns, Line 1. Enter the calendar year for which you are requesting a hardship and each preparer is a specified tax return preparer. waiver. Indicate the type of submission by checking the “Original” or Covered Returns “Reconsideration” box. An original submission is your first request for a hardship waiver for the calendar year entered on this line. A Covered returns include any return of tax imposed by subtitle A on reconsideration is when you are submitting additional information to the individuals, estates, or trusts. A waiver is not needed for any other return IRS that you feel may overturn the denial of an originally submitted that is not accepted electronically by the IRS or the IRS has instructed request. taxpayers not to file electronically. Line 2. Enter your name and complete address. When a Return is Considered Filed by Preparer Line 3. You are required to enter all 8 digits of your PTIN on line 3. Do For the e-file requirement, a return is considered filed by a preparer if not file Form 8944 until after you have received your PTIN. If you have the preparer or any member, employee, or agent of the preparer or the not yet started the PTIN application process, go to the webpage preparer's firm submits the tax return to the IRS on the taxpayer's www.irs.gov/PTIN to apply for a PTIN. behalf, either electronically or in paper format. For example, the act of Line 4. Enter the telephone number where we can contact you if we submitting includes having the preparer or a member of the preparer's have questions about your hardship waiver request. 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. Who May File If you are a tax return preparer who reasonably expects to file If you are a specified tax return preparer who is required to file fewer than 11 covered returns during the calendar year for individual, estate, or trust tax returns electronically, and filing these ▲! which you are requesting a hardship waiver, you may still be returns electronically would be a hardship, use this form to request a CAUTION required to e-file the covered returns you prepare and file if you are a preparer who is a member of a firm. All tax return preparers in a firm must e-file the covered returns they prepare and file if the firm's preparers, in the aggregate, reasonably expect to file 11 or more covered returns in a calendar year. |
Enlarge image | Form 8944 (Rev. 9-2018) Page 3 Line 6. Check the box(es) beside the form(s) for which the hardship Waivers filed for a Presidentially declared disaster must include waiver is being requested. documentation of the direct impact of the disaster on your ability to Line 6(i). For each type of return checked, enter the total number of tax electronically file tax returns. Waivers filed for other hardships must returns you filed in the calendar year before the calendar year entered provide complete documentation detailing the hardship described on on line 1. line 9 and the hardship's impact on your ability to electronically file tax returns. If you attach additional sheet(s), include on each sheet the Line 6(ii). For each type of return checked, enter an estimate of the total name entered in line 2 and the PTIN entered on line 3. 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 A hardship waiver request based on the lack of an Electronic reasonably expect your clients will choose to have completed in a paper Filing Identification Number (EFIN) will not be considered. It is format and will file with the IRS themselves. Also, do not count returns ▲! your responsibility to ensure that you have taken all steps to that you do not expect to e-file for various reasons. For example, do not CAUTION comply with the e-filing requirement. count forms that cannot currently be filed electronically (such as Form 990-T or Form 1041-QFT). For more information, see Notice 2011-26. Privacy Act and Paperwork Reduction Act Notice. We ask for the Line 6(iv). If you answered “Yes” to question 5, enter the number of tax information on this form to carry out the Internal Revenue laws of the returns all of the preparers in your firm reasonably expect to file in the United States. Code section 6011(e)(3) generally requires specified tax calendar year entered on line 1. When determining this estimate, do not return preparers to file income tax returns electronically that they count any return that would be excluded for the reasons provided earlier prepare and file for individuals, estates, and trusts. Tax return preparers in the instructions for line 6(ii). who meet the definition of specified tax return preparer use this form to Line 7. Check the appropriate box to indicate the reason for the request a hardship waiver from this general requirement. Requesting a hardship waiver request. Check only one box. hardship waiver is optional; however, if you request a hardship waiver, you must provide the information requested on this form. Section 6109 Line 7a. If you checked box 7a, you must attach a copy of the requires you to provide your identifying number. We may disclose this bankruptcy court documentation. information to the Department of Justice for civil or criminal litigation Line 7b. If you checked box 7b, you must completelines 8 and 9. See and to cities, states, the District of Columbia, and U.S. Commonwealths Line 8 and Line 9 below for more information. or possessions to administer their tax laws. We may also disclose this Line 7c or 7d. If you checked box 7c or 7d, you must complete line 9. information to other countries under a tax treaty, to federal and state See Line 9 below for more information. agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. Failure to Line 8. Waivers filed for economic hardship must have line 8 completed. provide the requested information may prevent the processing of this In the “Net Income” box, enter your average return preparation fees or form; providing false information may subject you to penalties. You are annual net income generated by your preparation activities. Enter the not required to provide the information requested on a form that is cost estimates from two third parties. These cost estimates must reflect subject to the Paperwork Reduction Act unless the form displays a valid the total amount that each third party will charge for purchasing a OMB control number. Books or records relating to a form must be computer (if you do not have a computer), software, software upgrades, retained as long as their contents may become material in the programming for your current system, and the costs to produce your administration of any Internal Revenue law. Generally, tax returns and electronic files. If you do not provide two written cost estimates from return information are confidential, as required by Code section 6103. third parties, your request will be denied. Cost estimates must be calculated for the calendar year entered on line 1. A cost estimate The time needed to provide this information may vary depending on calculated for a year other than the calendar year entered on line 1 will individual circumstances. The estimated average time is: not be accepted. Recordkeeping . . . . . . . . . . . . 5 hr., 44 min. If you are claiming economic hardship, your waiver will be Learning about the law or the form . . . . . . . . 28 min. denied unless you check box 7b and complete lines 8 and 9. Preparing and sending the form . . . . . . . 1 hr., 46 min. ▲! If you have comments concerning the accuracy of these time CAUTION estimates or suggestions for making Form 8944 simpler, we would be Line 9. If you checked box 7b, 7c, or 7d, you must explain in detail the happy to hear from you. You can send us comments through hardship that caused you to file this waiver. Waivers filed for economic www.irs.gov/FormComments. Or you can write to the Internal Revenue hardship must include an explanation of how the estimated additional Service, Tax Forms and Publications, 1111 Constitution Ave. NW, costs documented on line 8 would cause an economic hardship. IR-6526, Washington, DC 20224. Do not send Form 8944 to this address. Instead, see Where To File, earlier. |