As a non paid preparer why do I get an error message requiring Form 8867?

[Ernie · Accepted solution]

If you prepared the form, paid or not, it is your responsibility to assure it is filled accurately.  If not the fine starts at $500 per occurrence and can be assessed on both the preparer and the owner so they can actually assess you with a $1,000 fine for each one that is done falsely.

I am not saying you are doing anything wrong just explaining how it all works.

[TaxGuyBill]

That is not what the Instructions say.
https://www.irs.gov/instructions/i8867#idm140680691948016

I suspect it may be a program error if it is requiring that.

[Just-Lisa-Now-]

Either sign as a paid preparer or file the return by paper.  I wouldn't hold my breath waiting for them to fix the program to accommodate something for a non paid or self prepared return.

[The-Tax-Lady]

You should not be preparing the 8867, as TaxGuyBill stated, but if you are a paid preparer for other returns using ProSeries, and listed as one under your ERO's Firm's info, I'm not sure how you would accomplish both. 

Also, if other returns are required to be e-filed by the ERO, you must also file the 8948 explaining why you are paper filing that one. If you are doing a favor for someone, they should be able to provide the documents for Due Diligence so you can prepare the 8867. You don't get a pass on Due Diligence if you're a paid preparer on other returns under the same ERO and you choose to do one for free. That's my understanding, based on Cir.230.

If the client can not provide what you need for Due Diligence, walk away.