SECTION 5. — Internal Revenue Bulletin

OF AN ELECTRONIC FILER

.01 To ensure that complete returns are accurately and efficiently filed, an Electronic Filer must comply with all the publications and notices of the Service. Currently, these publications and notices include:

(1) Handbook for Electronic Filers of Individual Income Tax Returns, Publication 1345;

(2) Electronic Return File Specifications and Record Layouts for Individual Income Tax Returns, Publication 1346; (3) Test Package for Electronic Filing of Individual Income Tax Returns, Publication 1436; and

(4) Electronic Filing System Bulletin Board (EFS Bulletin Board).

.02 An Electronic Filer must maintain a high degree of integrity, compliance, and accuracy.

.03 An Electronic Filer may only accept returns for electronic filing directly from taxpayers, from drop-off collection sites accurately identified on Form 8633, or from another Electronic Filer.

.04 If the taxpayer’s address on a Form W–2, Wage and Tax Statement, Form W–2G, Statement for Recipients of Certain Gambling Winnings, Form 1099–R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing

Plans, IRAs, Insurance Contracts, etc., Form 1040, Schedule C, Profit or Loss From Business (Sole Proprietorship), or Form 1040, Schedule C–EZ, Profit or Loss From Business—Short Version, or any other tax form is different than the taxpayer’s address in the entity section of the electronic portion of the taxpayer’s Form 1040, the ERO or the Service Bureau must input for transmission to the Service those addresses that differ from the taxpayer’s address on the electronic portion of the taxpayer’s Form 1040.

.05 If an Electronic Filer charges a fee for the electronic transmission of a tax return, the fee may not be based on a percentage of the refund amount or on the amount of taxes saved. An Electronic Filer may not charge a separate fee for Direct Deposit. See section 9 of this revenue procedure.

.06 An Electronic Filer who has been accepted into the 1996 Electronic Filing Program must submit a revised Form 8633 to the appropriate service center when any of the conditions or changes described in section 4.04 of this revenue procedure occur.

.07 An Electronic Filer must notify the service center where the Electronic Filer filed its Form 8633 within 14 days of discontinuing its participation in the Electronic Filing Program.

.08 An Electronic Filer must ensure that an electronic return is filed on or before the due date of the return. A tax return is not considered filed until the electronic portion of the tax return has been acknowledged as accepted for processing and a completed and signed Form 8453 has been received by the Service. However, if the electronic portion of a return is successfully transmitted on or shortly before the due date and the Electronic Filer complies with section 7.01 of this revenue procedure, the return will be deemed timely filed. If the electronic portion of a return is initially transmitted on or shortly before the due date and is ultimately rejected, but the Electronic Filer complies with section 5.14 of this revenue procedure, the return will be deemed timely filed. In the case of a balance due return, see section 11 of this revenue procedure for instructions on how to make a timely payment of tax.

.09 An Electronic Filer who functions as an ERO must:

(1) comply with the procedures for completing and securing Forms 8453

described in section 7 of this revenue procedure;

(2) comply with the procedures described in section 11 of this revenue procedure for handling a balance due return;

(3) while returns are being filed, retain and, if requested, make available to the Service the following material at the business address from which a return was accepted for electronic filing:

(a) a copy of the signed Form 8453 and Forms W–2, W–2G, and 1099–R;

(b) a complete copy of the electronic portion of the return (may be retained on magnetic media) that can be readily and accurately converted into an electronic transmission that the Service can process; and

(4) retain until the end of the calendar year in which a return was filed, and, if requested, make available to the Service the materials described in section 5.09(3) of this revenue procedure at either the business address from which a return was electronically filed or from the contact person named on Form 8633.

.10 An ERO who is the paid preparer of an electronic tax return must also retain for the prescribed amount of time the materials described in § 1.6107–1(b) that are required to be kept by an income tax return preparer.

.11 An ERO must identify the paid preparer (if any) in the appropriate field of the electronic return, in addition to ensuring that the paid preparer signed Form 8453. If Form 8453 is not signed by the paid preparer, the ERO must attach a copy of the Form 1040EZ signed by the paid preparer below the taxpayer’s signature or pages one and two of Form 1040A or Form 1040 that includes the paid preparer’s signature. These copies must be marked ‘‘COPY-DO NOT PROCESS’’ to prevent duplicate filings.

.12 An ERO must ensure against the unauthorized use of its EFIN and, if applicable, the CPIN(s) issued to its drop-off collection point(s). An ERO must not transfer its EFIN or the CPIN(s) of its drop-off collection point(s) by sale, merger, loan, gift, or otherwise to another entity.

.13 An ERO must not electronically file or otherwise transfer to a Service Bureau or a Transmitter, a return

before February 15, 1996, without a Form W–2, Form W–2G, or Form 1099 R. A paycheck stub, a substitute Form W–2, or any other form of substitute wage and tax documentation is unacceptable before February 15.

.14 If the electronic portion of a taxpayer’s return is acknowledged as rejected by the Service, and the reason for the rejection cannot be rectified by the actions described in section 6.02(3), the ERO, within 24 hours of receiving the rejection, must take all reasonable steps to tell the taxpayer that the taxpayer’s return has not been filed. When the ERO advises the taxpayer that the taxpayer’s return has not been filed, the ERO must provide the taxpayer with the reject code(s), an explanation of the reject code(s), and the sequence number of each reject code(s). If the taxpayer chooses not to have the previously rejected return retransmitted or if the return cannot be accepted for processing, the taxpayer must file a paper return by the later of:

(1) the due date of the return; or (2) within ten calendar days of the Service’s acknowledgement that the return is rejected or the notice that the return cannot be retransmitted with an explanation of why the return is being filed after the due date.

.15 An ERO is responsible for ensuring that stockpiling does not occur at its office(s) or drop-off collection point(s). Stockpiling means collecting returns from taxpayers or from another Electronic Filer prior to official acceptance into the Electronic Filing Program, or, after official acceptance into the Electronic Filing Program, waiting more than three calendar days to transmit a return to the Service after receiving the information necessary for an electronic transmission of a tax return.

.16 An Electronic Filer who functions as a Service Bureau must:

(1) deliver all electronic returns to a Transmitter or to the ERO who gave the electronic returns to the Service Bureau within three calendar days of receipt;

(2) retrieve the acknowledgement file from the Transmitter within one calendar day of receipt by the Transmitter;

(3) initiate the communication of the acknowledgement file to the ERO (whether related or not) within one work day of retrieving the acknowledgement file;

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(4) if the Service Bureau processes Forms 8453, send back to the ERO any return and Form 8453 that needs correction, unless the correction is described in section 6.02(3);

(5) accept tax return information only from an ERO who is in good standing in the Electronic Filing Program;

(6) include its SBIN and the ERO’s EFIN with all return information the Service Bureau forwards to a Transmitter or sends back to an ERO;

(7) retain each acknowledgement file received from a Transmitter until the end of the calendar year in which the electronic return was filed;

(8) if requested, serve as a contact point between its client EROs and the Service;

(9) if requested, provide the Service with a list of each client ERO; and

(10) ensure against the unauthorized use of its SBIN. A Service Bureau must not transfer its SBIN by sale, merger, loan, gift, or otherwise to another entity.

.17 An Electronic Filer who functions as a Transmitter must:

(1) transmit all electronic returns within three calendar days of receipt, retrieve the acknowledgement file within two work days of transmission, and initiate the communication of the acknowledgement file to the ERO or the Service Bureau (whether or not the ERO or the Service Bureau are related to the Transmitter) within two work days of retrieving the acknowledgement file;

(2) match the acknowledgement file to the original transmission file and resubmit those returns that are not acknowledged as accepted for processing after corrections are made;

(3) if an acknowledgement of acceptance for processing has not been received by the Transmitter within two work days of transmission or if a Transmitter receives an acknowledgement for a return that was not transmitted on the designated transmission, the Transmitter must immediately contact the Electronic Filing Unit at the appropriate service center for further instructions;

(4) if a return has been rejected after three transmission attempts, the Transmitter must contact the appropriate service center Electronic Filing Unit for assistance;

(5) ensure the security of all transmitted data;

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(6) promptly correct any transmission error that causes an electronic return to be rejected;

(7) retain an acknowledgement file received from the Service until the end of the calendar year in which the electronic return was filed;

(8) ensure against the unauthorized use of its EFIN or ETIN. A Transmitter must not transfer its EFIN or ETIN by sale, merger, loan, gift, or otherwise to another entity; and

(9) not use software that has a Service assigned production password built into the software.

.18 A Transmitter who provides transmission services to other unrelated Electronic Filers must only accept electronic returns for transmission to the IRS Data Communications Subsystem from accepted Electronic Filers. A Transmitter must include the ERO’s EFIN and if applicable, the CPIN on each return that the Transmitter accepts from an ERO. In addition, a Transmitter must also include a Service Bureau’s SBIN if a Service Bureau formats the return information.

.19 An Electronic Filer who functions as a Software Developer must:

(1) promptly correct any software error which causes an electronic return to be rejected;

(2) promptly distribute any software correction;

(3) ensure that any software package that will be used to transmit any returns from multiple Electronic Filers has the capability of combining returns from these Electronic Filers into one Service transmission file taking into account the sorting requirements of the Declaration Control Number (DCN);

(4) ensure that no other entity uses the Software Developer’s EFIN or ETIN. A Software Developer must not transfer by sale, merger, loan, gift, or otherwise its EFIN or ETIN to another entity; and

(5) not incorporate into its software a Service assigned production password.

.20 An Electronic Filer with a dropoff collection point is the ERO for that drop-off collection point. The ERO must clearly display its name at each drop-off collection point. The Service will hold the ERO responsible for any violation of the advertising standards described in section 12 or any other violation of this revenue procedure that occurs at a drop-off collection point

listed on the ERO’s Form 8633. The ERO must also serve as the contact point between the Service and the drop-off collection point for all correspondence including problem resolution and report evaluation.

.21 In addition to the specific responsibilities described in this section, an Electronic Filer must meet all the requirements of this revenue procedure to keep the privilege of participating in the Electronic Filing Program.