Signing a 2553 with a POA

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  • Judy rocks
    Member
    • May 2012
    • 84

    #1

    Signing a 2553 with a POA

    I'm an EA. Can I sign my clients 2553 ( Election by a Small Business Corp of S Corporation status) with my POA or do I need to have my client sign it. The S Corporation has only one shareholder.
  • JohnH
    Senior Member
    • Apr 2007
    • 5339

    #2
    I wouldn't sign it, even though I might have a POA.
    I'd want the client's signature on this one - no exceptions.
    "The only function of economic forecasting is to make astrology look respectful" - John Kenneth Galbraith

    Comment

    • Gary2
      Senior Member
      • Aug 2010
      • 2066

      #3
      Technically, I believe you'd need a POA under the S-Corp's EIN. But I agree with John, some things should be signed by the client for your mutual protection.

      Comment

      • JohnH
        Senior Member
        • Apr 2007
        • 5339

        #4
        I probably need to clarify what I was saying.
        Reason tells me that most clients can be trusted and very small number cannot be trusted.
        I just don't know which of them to distrust, so...
        Last edited by JohnH; 08-08-2013, 01:28 PM.
        "The only function of economic forecasting is to make astrology look respectful" - John Kenneth Galbraith

        Comment

        • Judy rocks
          Member
          • May 2012
          • 84

          #5
          But I can for convenience sake

          Thanks for reminding me that we need to be careful .... But if I send it in signed with a copy of my POA it's not going to get returned saying "the taxpayer needs to sign", there are also 2 places to sign - the form signature and the page 2 signature - where each shareholder needs to sign, I'm thinking I might not qualify for the page 2 signature with a POA

          Comment

          • taxea
            Senior Member
            • Nov 2005
            • 4292

            #6
            Originally posted by Judy rocks
            Thanks for reminding me that we need to be careful .... But if I send it in signed with a copy of my POA it's not going to get returned saying "the taxpayer needs to sign", there are also 2 places to sign - the form signature and the page 2 signature - where each shareholder needs to sign, I'm thinking I might not qualify for the page 2 signature with a POA
            I agree with other posts...even authorized by POA I won't sign anything for the client. Is there any reason why client can't sign it?
            Believe nothing you have not personally researched and verified.

            Comment

            • JohnH
              Senior Member
              • Apr 2007
              • 5339

              #7
              Judy: You make a valid point about it being returned by IRS with an additional signature needed when there is more than one place to sign. But a cover note with clear instructions and red stickers every place a signature is needed should help. Also, for something this important, it's worth having the client return it to you before it's sent to IRS.
              "The only function of economic forecasting is to make astrology look respectful" - John Kenneth Galbraith

              Comment

              • taxea
                Senior Member
                • Nov 2005
                • 4292

                #8
                Once again JohnH is right. Alway retain the original signature in your files.
                Believe nothing you have not personally researched and verified.

                Comment

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