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Level 5
August 6, 2023
Question

Filing a Form 1040 & Form 540 by mail with a Power of Attorney

  • August 6, 2023
  • 2 replies
  • 28 views

I have a new client who needs to file four years of returns for her ill mother. She has a signed & notarized POA. How do I handle this? Does the daughter sign the returns? Attach the POA to the returns? Attach the POA and attach either a Form 2848 and CA FTB Form 3520 to the returns?

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2 replies

BobKamman
Level 15
August 6, 2023

Theoretically the procedure is the same, but do the returns show a refund or balance due? 

jhbvtacpaAuthor
Level 5
August 6, 2023

Both the IRS Form 1040 and the CA FTB 540 have a small balances due.

Appreciate the Level 15 response

BobKamman
Level 15
August 6, 2023

I would attach to each return a copy of the PoA and an explanation of why the taxpayer is unable to sign.  Ideally the PoA should specifically refer to the ability to sign tax returns, but you work with what you are given.  I'm assuming you don't have and can't get a Form 2848.  

Skylane
Intuit Community Champion
August 6, 2023

Sign as POA, include the 2848 and 3529, pay and file… they may get P&I letters …  

If at first you don’t succeed…..find a workaround