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mspoole57
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Need to fill out a 2848 form for my son.Can I do that?

I'm the power of attorney for my son who is in prison. Can I file his taxes?
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1 Reply

Need to fill out a 2848 form for my son.Can I do that?

No. Not just anyone can be granted power of attorney with the IRS. While you can authorize immediate family members to act on your behalf, this form is most often used to authorize a tax professional to deal with the IRS for you. 

 

https://turbotax.intuit.com/tax-tips/irs-tax-forms/what-is-form-2848-power-of-attorney-and-when-is-i...

 

Use Form 2848 to authorize an individual to represent you before the IRS. See Substitute Form 2848, later, for information about using a power of attorney other than a Form 2848 to authorize an individual to represent you before the IRS. The individual you authorize must be eligible to practice before the IRS. Form 2848, Part II, Declaration of Representative, lists eligible designations in items (a)–(r). Your authorization of an eligible representative will also allow that individual to inspect and/or receive your confidential tax information.

 

Form 8821.

 

Use Form 8821, Tax Information Authorization, if you want to authorize an individual or organization to inspect and/or receive your confidential tax return information, but do not want to authorize an individual to represent you before the IRS.

 

Form 56.

 

Use Form 56, Notice Concerning Fiduciary Relationship, to notify the IRS of the existence of a fiduciary relationship. A fiduciary (trustee, executor, administrator, receiver, or guardian) stands in the position of a taxpayer and acts as the taxpayer, not as a representative. A fiduciary may authorize an individual to represent or perform certain acts on behalf of the person or entity by filing a power of attorney that names the eligible individual(s) as representative(s) for the person or entity. Because the fiduciary stands in the position of the person or entity, the fiduciary must sign the power of attorney on behalf of the person or entity.

 

https://www.irs.gov/instructions/i2848

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