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Louisiana Form 8453


mg6035
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I just went to the ATX download center and the form release schedule and the estimated approval date for Louisiana form 8453 is not until January 31?? Doesn't that seem a bit late? Is this a holdup on Louisiana not being ready or is it ATX? I have an awful lot of people wanting to efile long before the end of January.

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From the LA website---The Louisiana Department of Revenue will begin accepting returns on January 14, 2008, and will begin processing returns on January 30, 2008.

Frm the LA Electronic Filing Handbook---After the return has been prepared the LA8453 will be used as an information only document. Preparers are prohibited from allowing taxpayers to sign a blank tax return. Beginning Filing Tax Season 2007, Louisiana will accept PIN (Personal Identification Number) in lieu of LA8453.

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I just went to the ATX download center and the form release schedule and the estimated approval date for Louisiana form 8453 is not until January 31?? Doesn't that seem a bit late? Is this a holdup on Louisiana not being ready or is it ATX? I have an awful lot of people wanting to efile long before the end of January.

Ohio is this late every year...some years it was well into February before I could e-file Ohio state returns....and at that time they had to go "piggyback"...which meant that, If client wanted to e-file their state, they could not send their federal either becaue you could not e-file just the state form by itself....Most of the clients I have lost over the past few years has been due to Ohio forms not being available early....ATX always said it was an issue with the state of Ohio...and I believe them to a point...but the clients that left always claimed that other places (like H & R Block) could e-file Ohio without problems.

I would like to believe that they misunderstood and H & R Block could also only e-file the federal portion.

Most, however, just choose to e-file the federal only and mail the Ohio return.

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"Frm the LA Electronic Filing Handbook---After the return has been prepared the LA8453 will be used as an information only document. Preparers are prohibited from allowing taxpayers to sign a blank tax return. Beginning Filing Tax Season 2007, Louisiana will accept PIN (Personal Identification Number) in lieu of LA8453."

Doesn't this mean the LA 8453 isn't required and since a PIN is used, not necessary for efiling?

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Baton Rouge, LA- The Internal Revenue Service (IRS) has announced changes to the upcoming filing season. As a result of the Alternative Minimum Tax Bill, which was signed into law Wednesday, December 26, 2007 by President Bush, many taxpayers will be eligible to file on the usual schedule, but some will not.

The IRS will process ALL returns beginning January 14, 2008 -- EXCEPT those that contain any of 5 forms that are related to AMT calculations. About 125 million federal taxpayers will be eligible to file on the usual schedule, while 13 million federal taxpayers who use any of the 5 affected forms will not be accepted for processing until February 11, 2008.

The five affected forms are as follows:

Form 8863, Education Credits

Form 5695, Residential Energy Credits

Schedule 2 (Form 1040A), Child and Dependent Care Expenses for Form 1040A Filers

Form 8396, Mortgage Interest Credit

Form 8859, District of Columbia First-Time Homebuyer Credit

The Federal-State e-file system will open for all taxpayers not filing any of those 5 forms as scheduled on January 11, 2008, and the IRS or Federal deadline for all taxpayers remains April 15, 2008. An automatic six-month extension has been granted by the IRS and remains available.

“Although the delay will affect many of our taxpayers who use one of the five affected forms, the Department of Revenue will be ready to process all other Louisiana individual income tax returns as expeditiously as possible,” says Cynthia Bridges, Secretary of the Louisiana Department of Revenue.

The Louisiana Department of Revenue will begin accepting returns on January 14, 2008, and will begin processing returns on January 30, 2008.

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What forms do I maintain on file?

The state copies of the Forms W-2, W-2G, 1099R, and all supporting documentation required for state return line items as defined in the instruction booklet should also be maintained with the signature form.

The tax preparer should retain the IRS e-file Signature Authorization, Form 8879, which will be accepted as the taxpayer’s state signature document as well. The forms must be retained for three years from the return due date or the IRS received date, whichever is later. The forms may be retained electronically in accordance with the recordkeeping guidelines in Rev. Proc. 97-22.

If the tax preparer is filing a Louisiana state only return or a Louisiana state amended return for a taxpayer, the tax preparer must maintain the LA Tax Declaration for Electronic Filing Form R-8453, for three years from the return due date or the Department of Revenue received date, whichever is later.

=================================================================

What if there is a change on the return after IRS accepts the transmission?

Electronically filed returns may not be changed after the IRS accepts the transmission. If the returns are submitted and rejected by the IRS for federal or state reasons, the returns can be corrected and retransmitted.

If the tax preparer or taxpayer needs to make changes after the IRS has accepted the returns, the taxpayer may file a separate electronic amended return for the state, but must file a paper amended federal return mailed to the IRS because the IRS does not accept electronic amended federal returns.

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My business is located outside of Louisiana. Am I still subject to the electronic filing mandate?

Yes. If you meet the requirements in the law, you are subject to the electronic filing mandate even though you are located outside the state of Louisiana.

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Who do I contact if I have questions or problems with regard to the transmission of the state return or acknowledgements?

Tax preparers should contact the electronic filing help desk (225) 219-2490 or 219-2492. This number is for tax practitioners and transmitters only.

================================================================

From this news item and other FAQ's posted on La website, I get the impression that we can file LA State returns on January 11. They will accept them on Jan 14 and start processing on the 30th of January. Also, I believe, (not certain...have a call into the Department as I type) we can efile without LA 8453 if using IRS PIN, UNLESS we are filing an amended State return or one that is a state only return(not piggybacked with a Federal return).

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I do see where we don't need the LA8453 to efile anymore but don't we still need the LA. Efile Info page to be approved by ATX before we can efile the Louisiana return? I just tried to create one and it says Efile info page not approved. Also, can we efile a LA. state return by itself later or are we a piggyback state only? Thanks

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MG...

We can efile LA piggyback, by itself, even an amended return.

According to a Ms. Kathleen Dixon, to whom I talked yesterday, we do still need to keep an electronic version of the LA8453 on file with the return...in case of audit of files. But to actually efile, it is not needed for the piggy-backed return.... IF....we use the IRS PIN. It is needed for the stand alone (not piggy-backed with 1040), amended, or non resident returns we send in.

http://www.rev.state.la.us/sections/eservices/default.aspx

Hope this helps..

Sue

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Thanks, but bottom line is that as of now we cannot efile Louisiana returns because ATX has not approved the Efile Info page for Louisiana, right? When I try to efile a piggyback return the efile box comes up and Louisiana is grayed out. So until the Efile info page is ready I either have to have clients mail in the Louisiana form or hold onto to it and efile it by itself when ATX approves efiling, right? Have you been able to efile any Louisiana returns? If so, how are you doing it?

Thanks!

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