When filing a Power of Attorney with the IRS it is important to understand the signature requirement because it is different depending on the type of taxpayer.
POA Signature Requirement
For individuals, all that is required is their signature to appoint a representative of their choice. However, for rules for other taxpayers are more complicated:
1. As of March 1, 2012, a husband and wife that file a joint tax return must each file a separate Power of Attorney on separate Forms 2848 to designate the representative of their choice, even if it is the same person. This rule only applies to new Power of Attorney agreements entered into after March 1, 2012.
2. A corporate Power of Attorney needs to be signed by an officer of the corporation who has the authority to bind the corporation within a legal document. The officer must also certify that he or she has the authority to do so.
3. Partnerships and Limited Liability Companies must have their Power of Attorney signed by all partners, or executed in the name of the partnership or LLC by the partner or partners duly authorized to act for the partnership or LLC.
Keep these instructions in mind prior to filing a Power of Attorney, they can keep you on track and eliminate delays that can arise from submitting a Power of Attorney that will be rejected by the IRS.