efiling with a power of attorney (not 2848)

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  • bgiez
    Senior Member
    • Apr 2006
    • 175

    #1

    efiling with a power of attorney (not 2848)

    I've tried to search the board and couldn't come up with anything appropriate to my question, and Pub 1345 only references form 2848 when e-filing a return with a POA.

    A client who is no longer capable of signing their return, or even having a conversation about their return, has given power of attorney to their daughter. The power of attorney says, among other things, that the POA is valid for all tax matters including "to execute in my name any tax returns..."

    Do I only keep a copy of the POA in my files, or do I also mail a copy of the POA in with form 8453, checking the box for POA, even though there is no form 2848?

    Is the procedure any different if it a spouse who signs the 8879 for the other spouse?

    Thanks.
  • Mo Sheets
    Senior Member
    • Jan 2009
    • 170

    #2
    My client...

    I have a client who has POA for her father. She signs the form 8879 as "Jane Doe...POA for Robert Buck". I have a copy of the POA in my files, just in case I would ever be asked to provide proof of the POA, but I do not send anything additional in with the tax return. Hope that helps!

    Comment

    • Gary2
      Senior Member
      • Aug 2010
      • 2066

      #3
      If you look at the 8453, it says "2848 ... (or POA that states ...". The 2848 is simply a convenient, boilerplate POA for this purpose, but any POA that meets the requirements suffices - and should be processed the same way.

      Comment

      • taxea
        Senior Member
        • Nov 2005
        • 4292

        #4
        Check out F56
        Believe nothing you have not personally researched and verified.

        Comment

        • Burke
          Senior Member
          • Jan 2008
          • 7068

          #5
          Originally posted by Gary2
          If you look at the 8453, it says "2848 ... (or POA that states ...". The 2848 is simply a convenient, boilerplate POA for this purpose, but any POA that meets the requirements suffices - and should be processed the same way.
          I agree. I just sent one out to the IRS with 8453 for a military spouse who has POA. But I kept a copy for me, too. When we paper-filed, we were supposed to attach to tax return if signed by a POA.

          Comment

          • bgiez
            Senior Member
            • Apr 2006
            • 175

            #6
            Thanks, Everybody!

            Comment

            • Bonnie
              Senior Member
              • Jan 2007
              • 568

              #7
              Have had this scenerio several times. I have never sent a copy of POA to IRS, I always staple to 8879 and keep in file.

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