IRS Provides Guidance for Electronic Filing Exemptions and Waivers
The IRS recently issued Notice 2023-60, providing guidance regarding how to request religious exemptions, hardship waivers and other administrative exemptions from electronic filing requirements included in final regulations (T.D. 9972) issued in February.
The final regulations took into account changes made by the Taxpayer First Act, P.L. 116-25, intended to increase electronic filing. The regulations generally require people filing partnership returns, corporate income tax returns, unrelated business income tax returns, withholding tax returns, certain information returns, registration statements, disclosure statements, notifications, actuarial reports and certain excise tax returns to electronically file those returns for tax years ending on or after Dec. 31, 2023.
February’s final regulations offered an administrative exemption from the electronic filing requirement for filers whose religious beliefs conflict with the requirement. In the new notice, the IRS said these filers should file Form 8508, Application for a Waiver from Electronic Filing of Information Returns, to notify the IRS in advance that they qualify for the exemption. After filing Form 8508, those who qualify for a religious exemption should file returns and other documents on paper per the applicable paper filing requirements.
T.D. 9972 also permitted the IRS commissioner to grant hardship waivers and other administrative exemptions. The procedure for seeking the waiver and any additional administrative exemptions provided by the IRS is or will be available in applicable IRS revenue procedures, publications, forms, instructions or other guidance, including postings on irs.gov.
Additionally, the new notice obsoletes Notice 2010-13, Form 1120, Form 1120-F, Form 1120S, Form 990 and Form 990-PF Electronic Filing Waiver Request Procedures.