Can I use a general power of attorney form to file taxes for my son who went to jail in January?

[ThankHim4ever]

I have a general POA for my son and it took a long time to get that done. Can I attach the general POA when I mail his tax form without his signature?

[Opus 17]

Yes. However, you must still also use the IRS special power of attorney form which is 2848.  If you can’t have the taxpayer fill out part one of form 2848, you will still need to fill out part two which is the representative’s statement.

If you are able to e-file because you know the person‘s information, then after successfully e-filing the return, you must mail the signed form to 848 along with a copy of your power of attorney to the IRS using another form called 8453 as a cover page.  If you can’t e-file, you will mail the original return to the IRS where you will sign your name in the signature with the notation power of attorney. Attach a copy of your power of attorney and form 2848 to the return when you mail it.

https://www.irs.gov/pub/irs-pdf/f2848.pdf
https://www.irs.gov/pub/irs-pdf/f8453.pdf

[ThankHim4ever]

Thank you so much for the reply. I try to clarify one thing. I will not be able to get my son's signature. Do I need his signature for 2848?

Please advise.

Thanks

[Opus 17]

The IRS would prefer that you and the taxpayer you are representing both sign form 2848. (The taxpayer signs part 1 and you sign part 2.)  If you can’t get the signature of the taxpayer on form 2848 you can use a copy of the standard power of attorney that you already have, but you still must include form 2848 where you fill out and sign the representative’s declaration in part 2.

[ThankHim4ever]

Thank you so much for your help.

Stay safe and take care!