The
Department of the Treasury recently published
final regulations,
implementing the reduced electronic
threshold under Section 2301 of the Taxpayer First Act of 2019
(TFA).
Under the regulations found in
T.D. 9972, taxpayers who
are required to file at least 10 returns of any type during the
calendar year must file electronically.
Generally, the final
regulation applies after 2023. See the regulations for detailed
dates of applicability to specific returns.
Among others,
the regulations apply to the following forms:
Government
Entities
- 8596,
Information Return for Federal Contracts
- 8038-CP,
Return for Credit Payments to Issuers of Qualified
Bonds
Exempt
Organizations
- 5227,
Split-Interest Trust Information Return
- 4720, Return
of Certain Excise Taxes on Charities and Other Persons Under
Chapters 41 and 42 of the IRC (if filed by other than a private
foundation)
- 1120-POL,
U.S. Income Tax Return for Certain Political
Organizations
Employee
Plans
- 8955-SSA,
Annual Registration Statement Identifying Separated Participants
with Deferred Vested Benefits
- 5500-EZ,
Annual Return of A One-Participant (Owners/Partners and Their
Spouses) Retirement Plan or A Foreign Plan
- 5330, Return
of Excise Taxes Related to Employee Benefit Plans
Under
Internal Revenue Code Section 6011(e)(2)(B), the regulations take
into account the ability of the taxpayer to e-file at reasonable
cost. On a year-by-year and form-by-form basis, the IRS may waive
the requirement to file electronically in cases of undue hardship.
In certain circumstances, a filer may be administratively exempt
from the requirement to file electronically. The instructions to
each form will set forth details on the waiver. In general, the
filer should maintain documentation supporting the undue hardship
or other applicable reason for not filing
electronically.
Additionally,
Section 3101 of the TFA sets forth “mandatory e-filing by exempt
organizations,” which is already in effect. This applies to the
following forms:
- 4720 (if
filed by a private foundation)
- 990, Return
of Organization Exempt from Income Tax
- 990-EZ, Short
Form Return of Organization Exempt From Income
Tax
- 990-PF,
Return of Private Foundation or Section 4947(a)(1) Trust Treated as
Private Foundation
- 990-T,
Exempt Organization Business Income Tax
Return