EFILE?????

[TAXMAN]

I have an interesting question. TP came in and signed the efile form 8879 (Have to update the submission #'s but nothing else changes) early December for a 2017 return.(refund less than $150.00) TP said wait until they turn us back on then transmit as tp did not want to mail the return. Now however tp has passed away. SO do I convert the return and prepare it to be mailed or do I transmit it on?(seems this may be a form of stockpiling?) I believe this return has to be mailed just to CYA.

[ILLMAS]

I will just submit it once it opens.

[B. Jani]

Client died so who will get refund now?

[TAXMAN]

Daughter only child only heir. Will left everything to daughter. Daughter was joint owner of checking account also. I have seen banks deposit these checks as long as not being cashed out. That will be daughter's problem. My concern is whether I can submit return when IRS turns us on.

[Max W]

The return (8879) was signed and dated before the client died.  He preferred to have it efiled. I don't see any problem with this.

The refund will go into his estate and the executor will be able to deposit it.

[grandmabee]

It might get rejected because of death and SS already closed out the SSN.

[RitaB]

8 hours ago, TAXMAN said:

I have an interesting question. TP came in and signed the efile form 8879 (Have to update the submission #'s but nothing else changes) early December for a 2017 return.(refund less than $150.00) TP said wait until they turn us back on then transmit as tp did not want to mail the return. Now however tp has passed away. SO do I convert the return and prepare it to be mailed or do I transmit it on?(seems this may be a form of stockpiling?) I believe this return has to be mailed just to CYA.

https://www.irs.gov/e-file-providers/submitting-the-electronic-return-to-the-irs

"Although holding late returns during periods when IRS electronic filing is not available is not stockpiling, providers should mail the returns to the IRS mailing addresses in the form’s instructions."

It's not stockpiling, and I would e-file it.  I don't think SS will have had time to close out the SSN, but you'll find out. 

Finally, I don't think this provider is mailing any returns for her clients, and I'm kind of scratching my head at that one.

 

[Catherine]

On 1/11/2019 at 6:51 PM, RitaB said:

I'm kind of scratching my head at that one

I was as well.  It almost sounds like the preparer is supposed to sign it for the client.  Even with a POA on file, I would NEVER, EVER do that!

[TAXMAN]

Nope. Client had a bad experience with mailing stuff to IRS a year back and did not want to mail it in. I don't sign anything for anybody. It was could I legally transmit a signed form after tp death?

[RitaB]

37 minutes ago, TAXMAN said:

 ... [the question] was could I legally transmit a signed form after tp death?

Yes.  See my post above.  I think we are all in agreement that you can e-file the return within three days of the gates opening in this situation.

[Catherine]

6 hours ago, RitaB said:

Yes.  See my post above.  I think we are all in agreement that you can e-file the return within three days of the gates opening in this situation.

Many software companies were letting people e-file during the hiatus, and holding them until e-file opened.  It's the same as if you'd done that.