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DocuSign & Electronic Signatures


Terry D EA

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Looking at different ways for taxpayers and myself to sign any and all tax forms that are "legal signatures". What  legally takes the place of a "wet signature".  I'm curious about such items as disclosure consent forms, 2848, 8821 and of course form 8879. We are required by law to provide the client with a "signed" copy of the return. Prior to all of the technology, I used to sign the forms in the presence of the client. How are you doing this? I can use the rubber stamp feature in Drake to do so which is a replica of my "real" signature. Personally, I don't like computer generated signatures. Is docusign the way to go? I recently sold my home and purchased a new home. Only certain documents requiring notarization were wet signed. During the process how was it known that I actually signed the forms and that it wasn't someone else? I know most electronic signature software requires some form of identification or goes through an identify verification but still wondering. Another issue, my elderly clients who have difficulty with technology. I know we could tell the client to print, sign, scan and return it but not everyone has those capabilities. I'm wondering about all of this cause I moved my home and office to another state and am attempting to meet with my established clients remotely. Looing for opinions.

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For e-filing, I use Verifyle which is IRS approved for Forms 8879, etc.  Here are some perhaps helpful links:

https://www.currentfederaltaxdevelopments.com/blog/2021/9/1/irs-makes-permanent-program-allowing-e-signatures-for-a-specific-list-of-forms

https://www.irs.gov/e-file-providers/frequently-asked-questions-for-irs-efile-signature-authorization

https://www.irs.gov/e-file-providers/efile-for-tax-professionals   Pub. 1345 is full of information and supported my move to e-signatures some time ago.

I do have a couple of elderly (i.e., my age!) clients that are not so great technologically speaking so they come to me.  We review their returns on my computer and they sign a printed 8879.  I did have a couple of folks e-sign 2848 this year with no problem on submission.  The Verifyle works the best for my practice as few folks have scanning capabilities and I always warn against the infamous phone photos which I usually can't read anyway.

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I use CCH's eSign for authenticating signatures, as well as delivery of the review copy of the return to the client. Actually, you can use eSign for non-verified signatures, also, such as your engagement letter.

With Verifyle, don't forget to record your verification process in that client's file.

Check out Taxaroo.com

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