POA for signature

[JG EA]

TP is going away to work and will not have convenient access to a fax or computer. Do you see any problem with my doing a 2848 for him as a signer for him and then both Spouse and I sign the return?

Or would just a handwritten POA by him to her be just as good for her to sign? I don't want to prepare anything for them because of the acting as an attorney and they are not in a position to get an attorney.

Thanks,

[BOB W]

Tell him to use the mail........Do not sign his name.........

[Gary2]

Why not use the 2848 for the spouse to be assigned the POA? The spouse qualifies as a family member.

Also, see the specific instructions for line 5, as it relates to the extra verbiage for authority to sign tax returns.

[taxea]

If its a MFJ dont both have to sign?

[Gary2]

If its a MFJ dont both have to sign?

In essence, yes, though there are a number of exceptions specific to spouses. As far as I know, there's no reason one spouse can't give a specific power of attorney to the other spouse, so that the second can sign on behalf of both.

This is done routinely for military spouses. If one spouse is in a combat zone, then the other spouse can sign without a POA. (That's a specific exception for spouses.) However, if one spouse is deployed out of the country without being in a combat zone (a tour of duty on a naval vessel comes to mind), then a POA is required. The military services have their own POA that they provide service members for this purpose, since it covers more than taxes. However Pub 17 and Pub 3 both specifically mention the 2848 as an acceptable form.

[taxea]

I would prefer to cut the IRS off at the pass and overnite the POA for his signature. The Post Office isn't out of business yet.

[JG EA]

What i did.

Why not use the 2848 for the spouse to be assigned the POA? The spouse qualifies as a family member.

Also, see the specific instructions for line 5, as it relates to the extra verbiage for authority to sign tax returns.

Thanks to all. Gary helped me to figure out what this was all about.

I called the client and we are going to try to file quickly before he goes.
If the W-2 does not come in time we have two choices:
1. file the 2848 for the wife to sign but attach it to a mailed in return
2. sent the return to her husband - she's not sure that will be possible - have him send it back and we efile it which will be quicker than 1.

I was caught up in the fact that my name had to be on the 2848 and lo and behold it did not.

Again thanks to everyone to help me try to figure out something unfigurable when there is a mental block in place.

[Gary2]

1. file the 2848 for the wife to sign but attach it to a mailed in return

You don't have to mail the entire return. You can e-file the return, and attach the 2848 to an 8453 which you mail; it's the third option down on the 8453. The spouse would sign the 8879 twice, once for herself and one for her husband as POA. I'd be tempted to get the 2848 signed in duplicate or triplicate, so that you can both mail an original signature and keep an original signature for your files.

Also, if it's not obvious, you should fill out the 2848 except for the signature and date. The client may be intimidated by the requests for a CAF or PTIN, plus you want to make sure that the correct regulatory language is entered on line 5 (copy from the instructions), and the correct code (f - for family member) is entered on the signature line.

Depending on the clients' sophistication, you may want to offer the option of the spouse being appointed either as representative or as agent. The instructions for line 5 give two slightly different versions of the boilerplate for signatory authority, with agency explicitly limited to signing the return and nothing else.

[JG EA]

You don't have to mail the entire return. You can e-file the return, and attach the 2848 to an 8453 which you mail; it's the third option down on the 8453. ....

Oh, Okay. Thanks again.

[FEDUKE404]

Plan B

Why complicate things?

Send the Form 8879 to husband (fax/email/snail mail), get it signed in whatever way works, and then have wife sign her own name.

Worst case scenario is a slight delay and/or cost of 44¢ postage stamp.

I'm a firm believer in Occam's Razor.... or is it the Thoreau principle??

FE

[JG EA]

Why complicate things?

Send the Form 8879 to husband (fax/email/snail mail), get it signed in whatever way works, and then have wife sign her own name.

Worst case scenario is a slight delay and/or cost of 44¢ postage stamp.

I'm a firm believer in Occam's Razor.... or is it the Thoreau principle??

FE

Yes, simple is good, my post was written because there was no fax, email, but I failed to mention that even mail will be problem for this taxpayer. But I am not offended at your stating the obvious. I often overlook the obvious. Nor am I upset that you think I'm broke and can't afford a stamp. After all I bought this nice computer to overcomplicate things as much as I could.

And this is as much humor as I can muster right now.

[Gary2]

Yes, simple is good, my post was written because there was no fax, email, but I failed to mention that even mail will be problem for this taxpayer. But I am not offended at your stating the obvious. I often overlook the obvious. Nor am I upset that you think I'm broke and can't afford a stamp. After all I bought this nice computer to overcomplicate things as much as I could.

And this is as much humor as I can muster right now.

I figured that if he had mail there, you could just mail him a computer and solve the problem that way.

[WhiteOleander]

I figured that if he had mail there, you could just mail him a computer and solve the problem that way.

Are you sure you don't work for the government??