Power of Attorney to Sign IRS Tax Returns (2024)

Power of Attorney to Sign IRS Tax Returns (1)

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Under limited circ*mstances, you may give another person the authority to sign your tax return by issuing a power of attorney. Another person may sign your federal tax return if you are suffering from an injury or disease; if you are continuously absent from the United States for a period of at least 60 days before the return is due; or if you request permission from the IRS for another person to sign your return for good cause and the IRS grants this permission. A tax return signed on your behalf by another person may be invalid if the return is not accompanied by an appropriate power of attorney.

When a Power of Attorney May Be Useful

A power of attorney is useful when it will be difficult or impossible for you to sign your tax return yourself. You should consider granting a power of attorney to sign your return if you plan to be traveling abroad during tax filing season; if you are in the military and are deployed -- or expect to be deployed -- overseas on an unaccompanied tour; if you have an incapacitating illness or disease; or if you will be unable to sign your return for any other reason.

When one spouse is unable to sign a joint return, the return may be signed on that spouse's behalf by the other spouse if appropriate authorization to do so is attached to the return. You do not need a power of attorney to sign a federal tax return on behalf of your minor child.

Form 2848

A simple way to grant another person the power to sign your federal tax return is to file IRS Form 2848, Power of Attorney and Declaration of Representative. Form 2848 is available on the IRS website, IRS.gov. A Spanish language version of the form is available as well. Data typed into the online form may be saved.

Creating Power of Attorney

You may create your own power of attorney rather than using IRS Form 2848 for this purpose. A power of attorney created by a taxpayer must contain a clear authorization for the other person to sign the return. It must also include the taxpayer's identifying information, the name and address of the person being authorized to sign the return, the type of tax return and the tax year to which the authorization applies, and the taxpayer's signature with a date.

When one spouse is physically unable by reason of disease or injury to sign a joint return, the other spouse may -- with the oral consent of the incapacitated spouse -- sign the incapacitated spouse’s name on the return followed by the words ‘‘By __ Husband (or Wife).’’ The signing spouse must also attach a statement indicating the name of the return being filed and the taxable year, as well as the reason for the inability of the spouse who is incapacitated to sign the return. It must also state that the incapacitated spouse has consented to the signing of the return.

Filing Form 2848

Form 2848 is filled out by entering your name, address and Social Security number, the name of the person being authorized to sign your tax return, and the year or years for which that person is authorized to sign the return. In addition, a statement of the condition or circ*mstance that permits the granting of the power of attorney is required. Form 2848 must be signed by the person making the authorization.

Complete guidance for filling out and filing Form 2848 may be found in “Instructions to Form 2848,” which is available on the IRS website.

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References

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Writer Bio

David Altman holds a J.D. from Boston University Law School. He has more than 30 years of experience in legal writing, editing, research and analysis. Altman has contributed to publications such as "Tax Research Consultant," "Tax Return Manual" and "Tax Practice Guides" for Wolters Kluwer.

Power of Attorney to Sign IRS Tax Returns (2024)

FAQs

Power of Attorney to Sign IRS Tax Returns? ›

You can use Form 2848, Power of Attorney and Declaration of Representative for this purpose. Your signature on the Form 2848 allows the individual or individuals named to represent you before the IRS and to receive your tax information for the matter(s) and tax year(s)/period(s) specified on the Form 2848.

Can a power of attorney sign a federal tax return? ›

The POA form also allows you to give your representative the authority to: Add representative(s) Sign your tax return(s) (only if incapacitated or continuous absence from the U.S.) Receive, but not endorse, your refund check(s)

Can I authorize someone to sign my tax return? ›

You can authorize your tax preparer, a friend, a family member, or any other person you choose as a third party designee.

Who can sign the IRS form 2848? ›

Authority to sign your income tax return may be granted to (1) your representative or (2) an agent (a person other than your representative).

How long does it take for IRS to process POA? ›

To reduce processing time, the IRS added resources from multiple sites other than the three CAF units to assist in processing. During the past year, the average time the IRS took to process a POA fluctuated from 22 days to over 70 days and is currently 29 days.

Does the IRS accept power of attorney? ›

You can use Form 2848, Power of Attorney and Declaration of Representative for this purpose. Your signature on the Form 2848 allows the individual or individuals named to represent you before the IRS and to receive your tax information for the matter(s) and tax year(s)/period(s) specified on the Form 2848.

Can a representative sign a tax return? ›

If there's an appointed personal representative, that person must sign the return. If it's a joint return, the surviving spouse must also sign it.

Who is an authorized signer to the IRS? ›

As an IRS Authorized Signer, you are stating that you are a person or principal who can legally bind the entity. You are authorized to sign and act in tax matters on behalf of the business identified on your application.

Who can be an authorized representative for IRS? ›

The individual you authorize must be a person eligible to practice before the IRS. You may authorize a student who works in a qualified Low Income Taxpayer Clinic (LITC) or Student Tax Clinic Program (STCP) to represent you under a special appearance authorization issued by the Taxpayer Advocate Service.

What is the IRS fax number for POA? ›

The fax number if sending from within the United States remains the same (855-772-3156). Section references are to the Internal Revenue Code unless otherwise noted. For the latest information about developments related to Form 2848 and its instructions, go to www.irs.gov/form2848.

Can a durable power of attorney sign form 2848? ›

Under this approach, the broad DPOA simply states that the attorney-in-fact is authorized to represent the principal in federal tax matters. The IRS will accept the broad DPOA as giving the attorney-in-fact the authority to execute a Form 2848 on behalf of the taxpayer.

Who can sign a tax return for an incapacitated person? ›

If you are a court-appointed conservator, guardian, or other fiduciary for a mentally or physically incompetent individual who has to file a tax return, sign your name for the individual and file Form 56, Notice Concerning Fiduciary Relationship.

What is the difference between IRS form 8821 and 2848? ›

Use: Form 2848, Power of Attorney and Declaration of RepresentativePDF when you want to authorize an individual to represent you before the IRS, or. Form 8821, Tax Information AuthorizationPDF, when you want to name an individual to inspect confidential tax return information related to the bond issuance.

Will the IRS accept electronic signatures on 2848? ›

Tax professionals may use handwritten or any form of an electronic signature for the client or themselves on authorization forms submitted through the new online tool. Authorization forms that are mailed or faxed must still have handwritten signatures.

How long is a 2848 good for? ›

An IRS power of attorney stays in effect for seven years, or until you or your representative rescinds it. To revoke an IRS power of attorney, you either file a new form naming someone else as power of attorney or write "REVOKE" across the top of the first page.

What is the effect of executing a form 2848? ›

Form 2848 allows tax professionals, such as an attorney, CPA or enrolled agent, to represent clients before the IRS as if they were the taxpayer. Signing Form 2848 and authorizing someone to represent you does not relieve a taxpayer of any tax liability.

Who can sign a tax return on behalf of a company? ›

Signing of Corporation Returns

Any one of the following officers may sign a corporate return, Form 1120, U.S. Corporate Income Tax Return: president, vice-president, treasurer, assistant treasurer, chief accounting officer, or any other corporate officer given authority to sign the return.

Can you file a tax return on behalf of someone else? ›

While you can file a tax return for someone else, you can't collect their tax refund. If you do, this is considered tax fraud, and there may be legal consequences for collecting someone else's tax refund.

Can a power of attorney sign a W-9? ›

- If the W-9 is being signed by a Power of Attorney, the documentation verifying POA must be attached. 4. Lines 1, 3, 5, and 6 must ALWAYS be filled out. whatever reason, the Power of Attorney (POA) must sign and the POA paperwork must be attached showing that person has the authority to sign.

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