Is it illegal to fax or e-mail a copy of the tax return along with Form 8879? A support staff from ATX said some states it is illegal or is there a Federal law. Due to the time element the client then signs Form 8879 and E-mails/fax it back.Is this acceptable?
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As for states I am not sure, but for federal returns a fax signed copy of form 8879 is sufficient. -
Sea-tax Haven't heard from you
Been out killing birds?
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check your PM'sComment
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One of the requirements of being a transmitter per IRS Pub 1345 (there's probably a code section somewhere) is "Ensure the security of all transmitted data;".
E-mail is not secure. It's cleartext unencrypted data sent over the internet. Consider it like mailing a postcard through the postal service. Every postal worker and anyone with access to your mailbox can read the postcard.
Fax is fine as it goes direct to the person. However you wouldn't send a fax to an unattended starbucks machine for pickup or anything of that sort...Comment
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I don't think it's illegal, but it could be risky. It is not illegal in my State. I have emailed several returns to clients today at their request. I really prefer they pick up their completed returns, though (and pay me). Signed and dated 8879s can be scanned or faxed.
[QUOTE=David1980;67033]One of the requirements of being a transmitter per IRS Pub 1345 (there's probably a code section somewhere) is "Ensure the security of all transmitted data;"QUOTE]
David - I may be wrong, but I read that to mean the transmitted data between the transmitter and the IRS, not between the preparer and the client. Sure not arguing that we have a responsibility to provide security in regards to our clients' information, but am wondering if I'm misreading the Pub?
Email is not secure but measures can be taken:
I don't particularly trust snail mail to protect clients' records, either. I leave any indication that I am a tax preparer out of the return address on anything I mail to a client.Comment
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You could be right on that I'm not really sure. Still were I client and discovered my tax return data was being passed around freely I'd probably be shopping for a new preparer.Originally posted by BHoffman View Post
And yeah email can be secure. I thought about going into that, but unless you have amazing clients most couldn't figure out encrypted email anyway. A less secure alternative would be a password protected zip file and most could figure that out, which is better than email (but still not great.)Comment
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