Son has POA for mother, but mother is still competent. Mother lives in another state, and son wants IRS correspondence to come to him (he lives in different state). She just doesn't take care of things. Putting his address on the forms sometimes causes confusion of where to file ( diffferent IRS address), and state gets confused as to where taxpayer actually lives. Is there a form to file just for correspondence or should I change the address on the 1040 and state and deal with the confusion?
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For the IRS, use form 2848, with designation "f" for family member, checking the box for correspondence, and adding any appropriate restrictions. -
If she is of sound mind and his POA doesn't kick in until she is incompetent then he needs to get her to sign a new POA that allows him control over all of her affairs, or at least, her finances as it relates to filing of her returns. I wouldn't change anything without the mother's authority unless it is clear in the POA he has that the authority already is in his hands. He needs to write a letter to each of her creditors, with the POA copy included, to change the address....not just put a change of address in with the post office or however else. Where to file has nothing to do with where the mail is being sent. Filing would be where the mother lives.Originally posted by JenMO View Post
The form would be a notarized durable power of attorneyLast edited by taxea; 03-15-2013, 04:44 AM.Believe nothing you have not personally researched and verified.Comment
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I agree. You are dead on, ea. Read the POA for restrictions, JenMo. Is he signing the return and you are sending to IRS via 8453?Comment
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Son doesn't need a POA to receive IRS correspondence. That's the purpose of Form 8821.and son wants IRS correspondence to come to himLast edited by smithtax; 03-15-2013, 10:09 PM.EAnOKComment
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he needs a durable POA signed by mom and notarized in order to change her address or have her notices c/o him.Originally posted by smithtax View PostBelieve nothing you have not personally researched and verified.Comment
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he needs a durable POA signed by mom and notarized in order to change her address or have her notices c/o him.
Respectfully suggest you re-read the OP.
"..son wants IRS correspondence to come to him"
"Is there a form to file just for correspondence"
My response corresponds to the question asked.Last edited by smithtax; 03-16-2013, 11:57 AM.EAnOKComment
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my point is....does he have the legal authority to do this. Just because he wants it this way doesn't mean that mom authorized her mail being moved elsewhere. I repeat a durable power of attorney signed by mom and notarized needs to give son specific authority to take various acts.Originally posted by smithtax View PostBelieve nothing you have not personally researched and verified.Comment
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I truly don't understand why you are arguing for a POA.my point is....does he have the legal authority to do this. Just because he wants it this way doesn't mean that mom authorized her mail being moved elsewhere. I repeat a durable power of attorney signed by mom and notarized needs to give son specific authority to take various acts.
The original poster stated that mother is still competent, which means she can sign the 8821 allowing her son to receive copies of all IRS correspondence that she would normally receive. The 8821 does not change the taxpayer's address. You would use Form 8822 to achieve that (perhaps accompanied by a notarized, durable POA if the taxpayer is incompetent and cannot sign the 8822).
The original poster merely stated that son wants IRS correspondence to come to him and asked if there was a form to file just for correspondence.
Granted, the original poster also asked if he should change the address on the 1040 (which could presumably entail a POA such as you suggested).
My point is, why jump through all those POA hoops just to receive copies of the IRS correspondence? Simply filing 8821 accomplishes that.
You really need to re-read the OP and perhaps also the 8821 instructions.EAnOKComment
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