Jump to content
ATX Community

Form 8888 valid in a late-filed 2009 return?


TaxCPANY

Recommended Posts

Does anyone here know whether my client could include a Form 8888 and expect it to 'take', in order merely to split a 2009 refund between him & his soon-to-be-ex-spouse in their Joint return for that as-yet-unfiled year? (NOT a question about buying "savings bonds" or funding an IRA.) Only the instructions for the 2010 Form 8888 preclude filing it late, as far as I can see.

Neither Intelliconnect (the only research site I subscribe to) nor perhaps-inept Google searches of IRS.gov have led me to the IR Code or regs governing the validity of filing the Form for a prior year; so I'm posting this request, here.

Thanks much in advance for your help.

Kurt C. Wilner, CPA

Huntington, NY

Link to comment
Share on other sites

Hi, Taxbilly,

The third bullet-point of the upperleftmost paragraph of this attached page of the 2010 Form 8888 instructions precludes the filing of the form after 12/21/2011. A similar prohibition is absent from the 2009 instructions, however -- as you saw.

My quandary is whether to infer that the 2010 instructions apply retroactively to the 2009 form, or to advise my client (and his spouse's tax advisor) that he/we should exploit this apparent oversight. My initial search through such IRS 'primary sources' as Code, Regs, Notices, etc. has not revealed the statutory basis for this deadline -- and I'll always prefer to hang my hat on primary citations.

Thanks much for your response. TaxCPANY

2010 Form 8888 p3.pdf

Link to comment
Share on other sites

Umm, TAXBILLY, my point was that, absent such a prohibition in the 2009 form's instructions as appears *only* in the 2010 form's instructions, a 2009-year Form 8888 yet CAN be filed -- i.e., my client's 2009 return definitely will be filed before 12/31/2011. (I only *also* would prefer to base my advice upon a more-primary/statutory source than Form Instructions; but I have not found that, on my own.)

Sorry to be so persnickety; but, if the Service rejects my client's Form 8888, I yet don't see that it would have a lawful reason to do so.

Tenaciously yours, TaxCPANY

Link to comment
Share on other sites

My reasoning is that if the 2010 instructions uses 12/31/2011 it would stand to reason that the 2009 istructions, if it was in it at all, probably would have said 12/31/2010.

taxbilly

Thanks again, TAXBILLY. Your logic holds true; I've learnt from some practitioners in a different forum that it's a technical obstacle erected by the Service -- i.e., direct deposit is a current-offering only.

Link to comment
Share on other sites

  • 2 weeks later...

>>if the Service rejects my client's Form 8888, I yet don't see that it would have a lawful reason to do so<<

The IRS has broad authority to administer the tax system. Don't waste your time trying to get them to pay in a way they don't want. No harm in filing the form. You just can't do anything about it when they mail the joint check.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...