Faxed signature

[Guest RONNIE WASEL]

If employer sponsor is out of town this week, will the IRS accept a faxed copy of the signature pages along with the rest of the 5500 or is it tough luck?

[maverick]

I don't know how "legal" it is, but here's what I'd do:

Send a complete copy of the 5500, with signature blocks unsigned. Attach the faxed signature page and a letter explaining why. When you get the original signature page, send it in as an amended return.

Something is better than nothing.

[Ron Snyder]

A few years ago IRS announced that it would not accept faxed or copied signatures. They will accept faxed or copied forms with original signatures. Have your client sign and post the forms himself.

Rather than faxing we have taken to scanning into a PDF file and emailing to the client to sign and file.

[Belgarath]

I don't know the DOL's official stance on this. I suspect that they will not accept faxed signatures - there is no provision for this that I know of in the instructions. I'd say it is tough luck and just file under DFVC - if only a couple of days late, the penalty is small. As for the IRS, following are three paragraphs cut and pasted from a longer release, in case this info is helpful.

The IRS on October 7 alerted several national groups of tax practitioners that the agency has adopted guidelines expanding the number of forms and other types of documentation practitioners can submit by fax in the course of many return-related inquiries.

The IRS adopted the new general guidelines, which took effect October 1, based on requests from practitioners to expand the IRS's limited acceptance of forms via fax. The primary communication methods for most contacts between practitioners and the IRS during the filing process traditionally have been mail, phone, or personal interviews. Practitioners have been seeking expansion of the fax guidelines to reduce burden and to shorten the time it takes to resolve tax inquiries and cases.

Employee Plan and Exempt Organization determination letter applications will not be accepted via fax, according to the IRS. Determination letter requests related to income tax, gift tax, estate tax, generation-skipping transfer tax, employment tax, and excise tax matters will not be accepted via fax. And consents to extend the statute of limitations for assessing tax (Form 872, SS-10, and other consent forms) will not be accepted via fax in normal operations.

[Blinky the 3-eyed Fish]

I'd say it is tough luck and just file under DFVC - if only a couple of days late, the penalty is small.

The days start from the due date of the return without extension, so for DFVC purposes, it's quite late.

[Belgarath]

Yes, Blinky, I forgot about that!

[Lynn Campbell]

Where does it say that the penalty is calculated from the original due date without extension?

[Blinky the 3-eyed Fish]

Here: http://www.dol.gov/ebsa/faqs/faq_dfvc.html