austin3515 Posted July 15, 2011 Posted July 15, 2011 LEt's say, hypothetically, the client is out of town. Is there anything "illegal" about sumbitting a filing with no credentials? The filing will come back Processign Stopped which is considered filed. And I haven't "forged" anyone's name. I have heard stories of people sending in unsigned 5500's in the past in similar situations. Austin Powers, CPA, QPA, ERPA
Andy the Actuary Posted July 15, 2011 Posted July 15, 2011 LEt's say, hypothetically, the client is out of town. Is there anything "illegal" about sumbitting a filing with no credentials? The filing will come back Processign Stopped which is considered filed. And I haven't "forged" anyone's name.I have heard stories of people sending in unsigned 5500's in the past in similar situations. Assuming a calendar year plan, wouldn't it be safer just to submit a 5558 and extend the filing deadline? The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.
austin3515 Posted July 15, 2011 Author Posted July 15, 2011 Assume for, purposes of discussion, that it is a 9/30/2010 Plan Year Austin Powers, CPA, QPA, ERPA
Peanut Butter Man Posted July 15, 2011 Posted July 15, 2011 LEt's say, hypothetically, the client is out of town. Is there anything "illegal" about sumbitting a filing with no credentials? The filing will come back Processign Stopped which is considered filed. And I haven't "forged" anyone's name.I have heard stories of people sending in unsigned 5500's in the past in similar situations. Not illegal - just a violation of Circular 230 which could result in censure, suspension, disbarment and/or monetary fines.
austin3515 Posted July 15, 2011 Author Posted July 15, 2011 Good point. To be clear I've never done and this and nevrweouild, just curious to know the answer if it ever comes up. I like that answer. Austin Powers, CPA, QPA, ERPA
Andy the Actuary Posted July 15, 2011 Posted July 15, 2011 Also, how comfortable would you feel arguing your actions before an IRS auditor? The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.
Kevin C Posted July 15, 2011 Posted July 15, 2011 Can you fax or e-mail the 5500 and an authorization form for them to sign and send back? That's what we do with the ones that are close to the deadline.
austin3515 Posted July 18, 2011 Author Posted July 18, 2011 The form was actually filed by the client on Friday at noon. I thought it was atl least an interesting question since we were not applying any credentials to the filing. I didn't think it was a good idea, but I always like concrete answers proving you can or can't do something - I think Circular 230 is a good one Austin Powers, CPA, QPA, ERPA
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