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Tax Topic #311 2005 Tax Year

Power of Attorney Information

This is archived information that pertains only to the 2005 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.

If you want someone to represent you before the IRS on a Federal tax matter, file Form 2848 (PDF), Power of Attorney and Declaration of Representative, with the IRS office where you want your representative to act for you. Your representative must be a person authorized to practice before the IRS. Your signature on Form 2848 allows the individual or individuals named to represent you before the IRS and to receive your tax information. Refer to Topic 312, Disclosure Authorizations, if you want to allow a person to receive your tax information, but do not want this person to represent you before the IRS.

Generally, when you appoint a representative on Form 2848, that representative's authority includes, but is not limited to: extending the time for assessing and collecting tax, signing a waiver agreeing to a tax assessment, and waiving restrictions on the assessment and collection of deficiencies of tax. The representative can also substitute another representative if you specifically permit this on the power of attorney. A representative can be authorized to sign an income tax return for you, but only in limited circumstances, and only if you specifically permit this on the power of attorney. If you want to limit what the representative can do on your behalf, you will have to indicate those limitations on Form 2848 (PDF) Line 5. The authority granted to an unenrolled tax return preparer is more limited than that just described. Special rules of limited practice applicable to unenrolled tax return preparers are described in the Form 2848 Instructions, and in Publication 470 (PDF), Limited Practice Without Enrollment.

When completing the Form 2848, you must show the name, taxpayer identification number (TIN), and address of the taxpayer, as well as, the name and address of the representative(s), the type of tax, the tax form number and the year(s) and/or period(s) for which the power is granted. You can list returns for any number of specified years and/or periods that have already ended and returns for years and/or periods that will end no later than three years from the date the form is signed.

For example, you may list income tax, Form 1040 (PDF), for Calendar Year 2005 and employment tax, Form 941 (PDF), for the first and second quarters of 2006. A general reference to "all years", "all periods," or "all taxes" is not acceptable. Form 2848 will be returned to you for correction if you use such general references.

Form 2848 must be signed and dated by both husband and wife if the husband and wife filed a joint return and the same individual will represent both husband and wife. If one spouse does not wish to be represented, only the spouse who wishes to be represented should sign and date the Form 2848. If the husband and wife filed a joint return, but wish to be represented by different individuals, each spouse must complete his or her own Form 2848 (PDF).

For additional information, see Form 2848 Instructions and Publication 947, Practice Before the IRS and Power of Attorney.

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