SECTION 4. ACCEPTANCE INTO

THE 1040NR PROGRAM

.01 Except as provided in sections 4.02 and 4.03 of this revenue procedure, a 1040NR Filer that has actively participated in the 1996 1040NR Program does not have to reapply to participate in the 1997 1040NR Program. (See section 4.06 of this revenue procedure for a definition of active participation.) However, a 1040NR Filer that intends to function as a Transmitter or a Software Developer in the 1997 1040NR Program must first successfully complete the testing described in section 4.04 of this revenue procedure. In addition, section 4.05 of this revenue procedure provides for the Service’s issuance of credentials necessary for participation in the 1997 1040NR Program. .02 Applicants and 1040NR Filers must file a new Form MAR–8980, Application for Electronic/Magnetic Media Filing of Form 1040NR, with the Project Office if:

(1) the applicant has never actively participated in the 1040NR Program;

(2) the applicant has previously been denied participation in the 1040NR Program; or

(3) the applicant has been suspended from the 1040NR Program. Applications described in this section 4.02 may be submitted at any time during the year.

.03 To participate in the 1997 1040NR Program, a 1040NR Filer in the 1996 1040NR Program must submit to

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the Project Office either a revised Form MAR–8980, or a letter containing the same information contained in the revised Form MAR–8980, if there is any change to the following information:

(1) the Firm name or Doing Business As (DBA) name;

(2) the business or mailing address; (3) the contact person’s name or telephone number; or

(4) the 1040NR Filer category. Revised applications described in this section 4.03 must be submitted within 30 days of the change(s) reflected on the revised Form MAR–8980 or in the letter.

.04 A 1040NR Filer may not submit tax returns under the 1040NR Program until 30 days after it has successfully completed the necessary testing administered by the Project Office.

.05 The Service will issue credentials to eligible applicants for the 1997 1040NR Program, as well as 1040NR Filers that do not have to reapply pursuant to section 4.01, 4.02, or 4.03 of this revenue procedure (provided they have first satisfactorily completed the testing described in section 4.04 of this revenue procedure if they intend to function as a Transmitter or Software Developer). No one may participate in the 1040NR Program for the 1997 filing season without the following credentials:

(1) a letter of acceptance into the 1040NR Program for the 1997 filing season; and

(2) a Magnetic Tape 1040NR Filer Identification Number (MTFIN).

.06 A 1040NR Filer will not be considered to have actively participated in the 1996 1040NR Program unless the Service received and accepted magnetically or electronically filed returns containing the 1040NR Filer’s MTFIN during the 1996 filing season. The Service will notify an inactive 1040NR Filer that it may be dropped from the 1040NR Filing Program and explain what steps the 1040NR Filer needs to take to participate in the program.

.07 The following reasons may result in rejection of an application to participate in the 1040NR Program (this list is not all-inclusive):

(1) conviction of any criminal offense under the revenue laws of the United States, or of any offense involving dishonesty or breach of trust;

(2) failure to timely and accurately file tax returns, including returns indicating that no tax is due;

(3) failure to timely pay any tax liabilities;

(4) assessment of tax penalties; (5) suspension/disbarment from practice before the Service;

(6) other facts or conduct of a disreputable nature that would reflect adversely on the 1040NR Program;

(7) misrepresentation on an application;

(8) suspension or rejection from the 1040NR Program in a prior year;

(9) unethical practices in return preparation;

(10) stockpiling returns prior to official acceptance into the 1040NR Program (see section 5.10 of this revenue procedure);

(11) knowingly and directly or indirectly employing or accepting assistance from any firm, organization, or individual that is prohibited from applying to participate in the 1040NR Program (see section 12.07 of this revenue procedure) or that is suspended from participating in that Program (see section 12.08 of this revenue procedure). This includes any individual whose actions resulted in the rejection or suspension of a corporation or a partnership from the 1040NR Program; or

(12) knowingly and directly or indirectly accepting employment as an associate, correspondent, or as a subagent from, or sharing fees with, any firm, organization, or individual that is prohibited from applying to participate in the 1040NR Program (see section 12.07 of this revenue procedure) or that is suspended from participating in that Program (see section 12.08 of this revenue procedure). This includes any individual whose actions resulted in the rejection or suspension of a corporation or a partnership from the 1040NR Program.