Do I need to do anything to file taxes for someone for whom I have financial power of attorney?

[thinkatoz1]

I have financial power of attorney for someone who is incarcerated.  What do I need to do to demonstrate this so that I may file taxes for the individual without any problems?

[NCperson]

just sign the return with "POA' after you name as long as the POA gives you the power to submit tax returns.  

(if signing electronically, you can't do that, I understand that, but I wouldn't worry about it)

Presumably you have the POA document should you ever be questioned as proof of your power.

[thinkatoz1]

Thank you that helps!

[Opus 17]

@thinkatoz1 

i’m afraid the previous answer is incomplete. The IRS requires form 2848, which is a special tax-only power of attorney form.  If you are able to visit the incarcerated person or mail them a form and have them mail it back, they should fill out and sign part 1 of form 2848, which specifies exactly what authority you will have regarding their tax return. You complete and sign part 2 which is the statement of the representative.

If you cannot get the incarcerated person to sign part 1 of form 2848, you can file their tax return by including a copy of your power of attorney form, but you must also include form 2848 where you have signed the representative statement in part 2.

If you file by mail, you will sign the tax return with your name and then write POA and the taxpayers name next to it, but you will also include form 2848 and a copy of your POA if the taxpayer has not signed part one of form 2848.  If you e-file, you must mail a copy of form 2848, a copy of the POA if required, and a form 8453, which is a cover sheet that is used when mailing documents to the IRS after e-filing.

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

[thinkatoz1]

@Opus 17 

Got it.  Thank you for clarifying.

Is there anything I need to do when e-filing with Turbotax on the Turbotax platform (i.e. beyond mailing forms 2848 and 8453 to the IRS after filing)?

[Opus 17]

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@thinkatoz1 wrote:

@Opus 17 

Got it.  Thank you for clarifying.

Is there anything I need to do when e-filing with Turbotax on the Turbotax platform (i.e. beyond mailing forms 2848 and 8453 to the IRS after filing)?

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I have not used this situation myself, but I just tried to look up form 2848 in TT online and it says that it does not contain the form. 

Your real trick will be getting to e-file at all, since you usually need the taxpayer's E-file PIN or last year's adjusted gross income (AGI) as a verifier.   If they did not file a tax return last year, you can try entering 0 (zero) this year as last year's AGI.  You will also need to create at least $1 of income to be able to e-file, you can make up $1 of "other income" or bank interest.  It won't be taxable and won't get you into trouble, but you can't e-file with zero income.  

If you do manage to successfully e-file, you will have to download and complete form 2848 and form 8453 on your own, and mail them after the e-filed returns are accepted.  If you can't get the e-filed return accepted and you file by mail, you will have to download and prepare form 2848 for yourself. 

[lyngar66]

I already have power of attorney. I have his info for turbo tax. Is that how I would file his taxes

[Opus 17]

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@lyngar66 wrote:

I already have power of attorney. I have his info for turbo tax. Is that how I would file his taxes

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If you want to e-file for someone when you have a POA, you must know their PIN number or the AGI from last year's tax return.   If the e-filed tax return is accepted, you have 3 days to mail to the IRS:

• a copy of the POA
• form 2848, with part 2 signed by you
• form 8453, which is a cover sheet that is used when mailing documents to the IRS after e-filing.

If you can't e-file, you must file by mail.  Sign the return with your name and write "POA" next to your signature.  Attach a copy of the POA and a copy of form 2848 with part 2 filled out and your signature.

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