IRS Mail Reject

[S T]

Reject in Mail from IRS on form 1040 NR

Client under POA filed a return around 10/2/2012, (paper return for Sister on 1040 NR)

Return was returned with a "Pink Slip" stating can not accept/process "not original signature"

Duh! - How can a paper filed return - not have original signature??? Well I guess it can, but that is not what happened here for this instance!

Never had one of these before!

POA Client has 30 days to respond - so I am sending a Page 2 which would include Signature - for him to resign and attach to the packet including the "Pink Slip" with a note, that all was submitted timely with original signature! And here is the 2nd Original Signature!

Anyone else received one of these??

Sandy

[Snaggletooth]

Confused

Duh! - How can a paper filed return - not have original signature??? Well I guess it can, but that is not what happened here for this instance!

A little confused Sandy - or else very dense/dumb. It's easy for any paper tax return to have no signature, indeed nearly all of them REQUIRE a signature. If one was missing they can reject the return.

Are we to understand that they DID sign it and it was rejected for lack of a signature??

[S T]

Itr was rejected as they said the "signature" was not original - the box marked said we can not accept a "photocopied" signature.

Sandy

[ChEAr$]

Itr was rejected as they said the "signature" was not original - the box marked said we can not accept a "photocopied" signature.

Sandy

And that's right. Reminds me of the husband in Iraq who scanned his signature and emailed it to wife to past on the bottom of page 2 of the 1040. They didn't like it.

[Jiggers]

Since when can't a copied signature be accepted? I had a client out of the country who printed the scanned return that I sent him, and then both he and his wife signed page 2, in blue ink, and scanned it back to me. I printed with a color printed, attached to the return and mailed.

Never heard from the IRS.

And years ago, before e-filing, I signed the return as the preparer and copied it. One for the IRS and one for the client. I kept the original in my file.

The IRS accepts FAXed copies of the 2848, don't they? How do they know that the original copy that was used for the FAX had an original signature or if it was one that was FAXed to me or scanned and e-mailed to me?

[ChEAr$]

Since when can't a copied signature be accepted? I had a client out of the country who printed the scanned return that I sent him, and then both he and his wife signed page 2, in blue ink, and scanned it back to me. I printed with a color printed, attached to the return and mailed.

Never heard from the IRS.

And years ago, before e-filing, I signed the return as the preparer and copied it. One for the IRS and one for the client. I kept the original in my file.

The IRS accepts FAXed copies of the 2848, don't they? How do they know that the original copy that was used for the FAX had an original signature or if it was one that was FAXed to me or scanned and e-mailed to me?

I'm not sure just how the wife did it. She did received his scanned signature via email and it wouldn't surprise me if she didn't (physically) cut and paste it. LOL

[taxea]

can't wait to hear the conclusion of this story

[smithtax]

Original Signature

[Ltr was rejected as they said the "signature" was not original - the box marked said we can not accept a "photocopied" signature]

No definitive answer for "original signature". This topic has previously been debated at length on NAEA's webboard.

The following authoritative cites offer some understanding, although incomplete for any conclusive discussion:

Section 301.6061-1(b):

The Secretary may prescribe in forms, instructions, or other appropriate guidance the method of signing any return, statement, or other document required to be made under any provision of the internal revenue laws or regulations.


Code Sec. 6061:

(a) Except as otherwise provided by subsection (b) and sections 6062 and 6063, any return, statement, or other document required to be made under any provision of the internal revenue laws or regulations shall be signed in accordance with forms or regulations prescribed by the Secretary.


(b) Electronic signatures


(1) In general

The Secretary shall develop procedures for the acceptance of signatures in digital or other electronic form. Until such time as such procedures are in place, the Secretary may -


(A) waive the requirement of a signature for; or

(B) provide for alternative methods of signing or subscribing, a particular type or class of return, declaration, statement, or other document required
or permitted to be made or written under internal revenue laws and regulations.

(2) Treatment of alternative methods

Notwithstanding any other provision of law, any return, declaration, statement, or other document filed and verified, signed, or subscribed under any method
adopted under paragraph (1)(B) shall be treated for all purposes (both civil and criminal, including penalties for perjury) in the same manner as though
signed or subscribed.

(3) Published guidance

The Secretary shall publish guidance as appropriate to define and implement any waiver of the signature requirements or any method adopted under paragraph
(1).


Code Sec. 6065:

Except as otherwise provided by the Secretary, any return, declaration, statement, or other document required to be made under any provision of the internal revenue laws or regulations shall contain or be verified by a written declaration that it is made under the penalties of perjury.


It should be mentioned that the ASFR Unit commonly accepts "faxed" copies of delinguent returns that contain the taxpayer's signature(s).

[S T]

Here are the facts on "this one tax return" Had to be a paper file - sent to the client - the client signed the return per my instructions and mailed to the IRS" Note: Original Signatures on the original paper filed return!!

IRS "pink slipped" and returned the "entire return" to client approximately 11-10-2012 stating they could not accept a "paper filed return" with a "photocopied signature"

So not really having any guidelines on this and not having encountered this situation before - I have sent another page 2 to the Taxpayer - to attach to the entire package (form 1040NR) with another signature set on page 2, and client will include a note that "both Page 2 signatures" (original filed and add'l Page 2) are original signatures, not photocopies of taxp[ayer signature.

Any other suggestions?

Sandy

[Lion]

Was YOUR signature an original (did client make a copy for himself before signing and mailing paper return and sign the copy)? Did client use blue ink?

[FEDUKE404]

Strange situation

I agree with taxea!

Assuming your client actually DID sign the return, and that document was sent to the IRS.....there should be no trouble.

My guess is 1) the IRS was having a bad day, or 2) the client made a copy of the signed return, kept the original, and sent the copy to the IRS.

And then there could be an issue with the POA signature(s). . . .

(The preparer's signature should not be an issue here.)

Would not a telephone call to the IRS be the simplest approach to get the facts?

Keep us posted!

FE

[S T]

Finally after about 4 different responses and 4 "pink slips" on a 2011 Tax Return-- I believe it is solved, all signatures were original - someone finally at IRS had the "smarts" to ask for the POA, that the brother has - and has already been submitted over the last 10 years. Guess IRS can't find it -

Sister's return is a 1040NR, bother handles a rental in US that we need to report -

Question, for 2012 tax return, being paper filed, as electronic is not an option for 1040NR, placement of POA on in front of the 1040NR form , or behind the signature page -- anyone know? Trying to be pro-active and eliminate this same issue for 2012 filing.

I now have PDF copies of this "D" poa saved in about 3 or 4 files for future reference for printing

Thanks for feedback

Sandy