Since the beginning of the COVID-19 situation, Americans have rethought day-to-day tasks that were common before the pandemic. In the same nature, the United States Internal Revenue Service (“IRS”) recently issued a temporary deviation permitting taxpayers and representatives to use electronic or digital signatures when signing select IRS forms that once required a handwritten signature (the “Deviation”).

Specifically, IRS Form 8038 (“Form 8038”) is among the list of forms that the Deviation applies to. Issuers of tax-exempt private activity bonds use Form 8038 to provide the IRS with information required under 26 U.S.C § 149. Additionally, the IRS uses Form 8038 to monitor compliance with the requirements of 26 U.S.C. §§ 141 – 150.

The Deviation is effective for the specified forms, including Form 8038, that are signed and postmarked from January 1, 2021 through June 30, 2021. Additionally, no specific technology must be used for the electronic or digital signatures. Click here to read the Memorandum listing all of the exempt forms..

Opinions and conclusions in this post are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. The author has provided the links referenced above for information purposes only and by doing so, does not adopt or incorporate the contents. Any federal tax advice provided in this communication is not intended or written by the author to be used, and cannot be used by the recipient, for the purpose of avoiding penalties which may be imposed on the recipient by the IRS. Please contact the author if you would like to receive written advice in a format which complies with IRS rules and may be relied upon to avoid penalties.

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