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State Tax Filing POA

State Tax Filing Power of Attorney Forms

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State tax power of attorney forms permit an accountant to file taxes on behalf of someone else with a state's Department of Revenue. It is often necessary for these forms to be notarized or included with any tax submissions.

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What is a Tax POA and When to Use?

What is a Tax Power of Attorney?

A tax power of attorney form is a legal document that authorizes someone else to communicate with the IRS about your tax matters for a specified time period, as detailed in the form. This individual becomes your legal representative for tax issues. Typically, this form is used for tax attorneys, CPAs, and enrolled agents, but it can also include friends or family members.

Form 2848 identifies the following potential representatives:

  • Attorneys
  • Certified public accountants
  • Enrolled agents
  • Officers
  • Full-time employees
  • Family members
  • Enrolled actuaries
  • Un-enrolled return preparers
  • Registered tax return preparers
  • Student attorneys or CPAs
  • Enrolled retirement plan agents

When to Use a Tax Power of Attorney

Before granting someone legal rights to your tax information, consider these questions:

  • What are my objectives and reasons for choosing a representative?
  • What can this third party do for me that I cannot do myself?
  • Is this person the best choice for the role?

While assigning rights to a tax attorney can be beneficial, it should be considered carefully. Authorizing someone else doesn't relieve the taxpayer of their obligations; it simply allows another person to manage certain tasks. Remember, attorneys and certified tax professionals adhere to specific legal standards that friends and family may not. To protect sensitive information, hiring a certified expert is the safest option.

Regardless of the representative, taxpayers should remain engaged. Transferring the right to communicate with the IRS doesn't exempt someone from all responsibilities. Deadlines still apply, and the taxpayer is legally accountable for ensuring tasks are completed. Maintaining open communication with the representative helps everything run smoothly. Opting for a professional instead of a family member can make the process less stressful.

Can a Power of Attorney Sign Tax Returns?

According to the updated Form 2848, a person with power of attorney cannot sign basic tax returns unless explicitly authorized. They also cannot appoint or add other representatives or receive checks. Their rights include accessing and reviewing confidential tax information, signing consents and waivers, and performing similar taxpayer actions unless restricted by the form. Granting someone power of attorney does not absolve the taxpayer of responsibilities; it simply appoints someone to assist in managing tax matters effectively.