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Garden Grove California online Form 14039: What You Should Know

The power of attorney allows for the individual to enter a personal income tax return for the client and can be used for many purposes for the taxpayer, such as to prepare and submit tax returns; to change, correct, or modify information; take action to preserve or obtain a deceased taxpayer's financial information; and to negotiate for services that a personal representative must not perform until after the client dies. Taxpayer's power of attorney (Form 2848) must be prepared for each individual who is represented (i.e., each individual who has the power of attorney for the taxpayer is a representative). The power of attorney does not apply to the trustee, bank officer/financial representative, guardian, or conservator of the estate of the taxpayer at the time when the individual designated to act as the representative does (including on behalf of the estate by will, intestacy, power of attorney, or transfer of estate). It might be necessary to amend the power of attorney to include an entity in situations where an entity has already been designated as an agent of the estate. See Rev. Run. 85–30, 1985–1 C.B. 532, at 55 (Sept. 15). In addition, the power of attorney must be recorded by the taxpayer upon a form of “certification” which is filed with the IRS. The certification must be signed by the taxpayer as “agent for the taxpayer.” The signature must have “agent for the taxpayer” written in large, red font, and it must contain the words “certified by” in both the first and last line. See Rev. Run. 91–80, 1991–1 C.B. 664, at 678 (July 4, 1991). A “certification,” in its most basic form, identifies the representative of the taxpayer and includes the specific powers and duties of the representative. It is a legal form which serves the same purpose as an IRS Form 1099-OID or Form 8332. The forms do not have to be mailed to the IRS; they can be carried in the same wallet or purse as a bank statement. They can be made for each individual represented by the power of attorney or to be filled out once per year (in the same form). A copy of the power of attorney form may also be filed with a notary public or by the clerk of the court in a civil action (such as an action by the trustee or receiver) or in a criminal case for the return of a security interest.

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