rbynaker
Level 13
12-06-2019
10:25 PM
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To expand on the point that I think TaxMonkey is trying to make. You only have to attach a statement if you are relying on the safe harbor rules of N-19-07. If you are basing your "trade or business" determination on other factors (i.e. "facts and circumstances" supported by code, regs, court cases, etc.) then you would not attach a statement.
Rick
PS: But yes, at this point I would make my own statement using the language required by the safe harbor regs and have the client sign it before scanning it to a PDF and attaching it to the tax return. There are arguments that the general return signature covers the return and any attached statements, I'm not sure I'm buying it though since the regs specifically call for a signed statement. If relying on these regs, I'd err on the side of caution.
Rick
PS: But yes, at this point I would make my own statement using the language required by the safe harbor regs and have the client sign it before scanning it to a PDF and attaching it to the tax return. There are arguments that the general return signature covers the return and any attached statements, I'm not sure I'm buying it though since the regs specifically call for a signed statement. If relying on these regs, I'd err on the side of caution.
