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Duk
Level 1

Form 8821 or Form 56 to call IRS on behalf of my daughter

I called the IRS to discuss a CP23 Notice my daughter received on her 1040 filing.  The IRS rep told me she would be able to discuss my daughter's 1040 and CP23 with me if Form 56 is submitted.  However, I'm seeing a post here in TurboTax Help with title "What if I need to call the IRS on behalf of someone else?" that says to use Form 8821 and only mentions to use Form 56 if calling for someone who is deceased.  I'm confused now which Form should be submitted.  Did the IRS rep make a mistake and meant to say have my daughter submit Form 8821?  The IRS rep did not mention Form 8821 at all, only to fill out Form 56.

 

 

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5 Replies

Form 8821 or Form 56 to call IRS on behalf of my daughter

You should file what you were told to file or you might run into issues.

 

Form 56 is not only for decedent's estates.

 

See https://www.irs.gov/instructions/i56#idm139826519250800

Duk
Level 1

Form 8821 or Form 56 to call IRS on behalf of my daughter

Thank you for your answer.  I am filling out Form 56 and in the last Part IV Signature section, next to "Fiduciary's signature" is "Title, if applicable".  What is the appropriate Title that I would enter here?  The instructions list several roles as examples.  But do I have to pick from the examples given?  The closest one would be "Guardian" from the list.  But as I am the parent is it appropriate that I enter "Parent"?  Or since it says "if applicable", can I just leave it blank?

Form 8821 or Form 56 to call IRS on behalf of my daughter

 

 

If you need to talk to the IRS on behalf of a living person then fill in a form 2848 for POA  abilities : 

https://www.irs.gov/pub/irs-pdf/f2848.pdf

Form 8821 or Form 56 to call IRS on behalf of my daughter

Re Form 56:

 

Who Should File

Form 56 should be filed by a fiduciary (see Definitions below) to notify the IRS of the creation or termination of a fiduciary relationship under section 6903. For example, if you are acting as fiduciary for an individual, a decedent’s estate, or a trust, you may file Form 56.

 

Do not use Form 56 if you are notifying the IRS that you are the authorized representative of the taxpayer. Instead, use Form 2848, Power of Attorney and Declaration of Representative.

 

A fiduciary is treated by the IRS as if he or she is actually the taxpayer. Upon appointment, the fiduciary automatically has both the right and the responsibility to undertake all actions the taxpayer is required to perform. For example, the fiduciary must file returns and pay any taxes due on behalf of the taxpayer.

 

An authorized representative is treated by the IRS as the agent of the taxpayer. He or she can only perform the duties authorized by the taxpayer, as indicated on Form 2848. An authorized representative is not required nor permitted to do anything other than the actions explicitly authorized by the taxpayer.

Form 8821 or Form 56 to call IRS on behalf of my daughter

@Duk 

 

Since you are a family member, you can use Form 2848 as suggested by @Critter-3.

 

However, you might want to consider filing both forms (56 and 2848).

 

You do not have to enter a title on Form 56 if it is not applicable to your situation (e.g. you are not a trustee, executor, et al).

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