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Not included forms - can they be e-filed?


Kea

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I have a client who will have to file a Form 8938 this year. It's a new form for reporting foreign assets. I don't see it in the list of available forms although it is in the Forms Filler List. Since it's not part of the program, will I be able to e-file this return? I know there is now a .pdf button for attaching files when you are in the review screen. Will I be able to attach from the Form Filler & then e-file? I haven't used this feature yet & not quite sure how it works.

Last year, I had a client who had a form that was only available from the Form Filler. But I don't think the .pdf attach button was there -- at least on for the 1040 series. After checking at that time, the only option was to paper file. I really don't want to paper file this other return as it will be fairly large (compared to the ones I do; but not compared to Romney's 200+ pages).

Another possibility -- might this form be added to the program later in the season? It doesn't feed to or from any other forms; it's informational only. So I don't think it should require complicated programming.

I won't be working on this return for another month or 2, but wanted to ask now so that I can suggest it be added to the program if the .pdf won't work.

Thanks

PS, I'd really like to see the 3520 & 3520A added to the program - not just form filler. Those will still have to me mailed anyway, but a "live" form would reduce my typing!

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Hi Kea/Mike,

I have taken your question and posed it to our regulatory team that can help with both the short term answer of this year, and also adding it to the program for future use, as a fully programmed form(s).

I will let you know what I find out.

Thanks,

Ryan

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Kea,

Here is what I got back from a resource here:

At present, Form 8938 e-file specifications exist for legacy, but the form has not yet been included in the 1040 schema for MeF. As easy as Form 8938 looks, there are actually 16 statements for legacy e-file and at least 2 overflows that would need to be programmed. Since this is the last year of legacy, we would not want to waste all of that time programming the statements. It would be much better to wait for the IRS to produce a schema so that we don’t have to program for e-file twice.
I just emailed the IRS to ask if it is permissible to attach a PDF of Form 8938 since they have not included it in the 1040 schema. They have previously stated that forms cannot be attached if there is XML available, so I am guessing that they will accept the 8938 as PDF for now. I have also asked for a timeframe of when the XML will be available.
It may be possible for us to add the form later in the season but probably not until March—and that is only if the MeF schema is available.
As far as Forms 3520 and 3520-A, they are 6 and 4 pages, respectively, with numerous overflows. We would definitely not have time to program these before the season is over, but we can consider adding them this summer when we prioritize our enhancements for 2012.
I will let you know on Form 8938 as soon as I hear back from the IRS

As stated, I will update you when we hear back from the IRS, but wanted to give you what I have so far.

Thanks,

Ryan

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Kea,

Last update per the IRS we just recieved:

Yes they can, the form 8938 is one that does need to be a PDF file for this year and forms that have no schema established or are not on the list of forms that can be filed with the Form 1040 family can be attached as a pdf. One form that has been identified is the Form 926 which can be filed with the Form 1120, it can't be filed using schema with the Form 1040 and would have be be filed as a pdf file. They are looking into changing that for next year.
The last I heard, the Form 8938 schema would be added for Tax Year 2012.

That essentially means you can fill out the 8938 in the form filler and then attach it as a PDF to the return and e-file, but it also means that we will not be programming the form until we get the 2012 schemas.

Thanks,

Ryan

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Ryan,

Thanks so much for the updates. This works for me.

My biggest concern was the F8938 keeping me from e-filing a (minor) monster return. Attaching as a .pdf definately works for me! I'm VERY glad to hear I can e-file!

The 3520 A & 3520 being form filler only is just a laziness issue on my part. Since they can't be e-filed anyway, the form filler is OK.

Thanks for popping in to answer our questions.

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