Signatures on Tax Forms - Pwr of Atty

[coyote]

What is the name of your state? Calif

A friend of mine was in a rush to get his tax forms submitted (due to large refund) so he signed his wife’s name on Form 8879 IRS e-file Signature Authorization for their joint tax return. He does have a General Durable Power of Attorney for her. Was this legal? Does a copy of the power of attorney have to be attached to the form? Even though the form doesn’t go to the IRS, it is just like signing the tax return and then would it look like a forgery? Could the form be re-signed and given to the tax preparer who has it on file? Could the wife just type up a statement saying she told her husband to sign the form for her and then sign the statement and keep it with their file copy? Also, does permission from both taxpayers have to be granted for someone to obtain a copy of a tax return? Any advice would be appreciated…. Thanks!What is the name of your state?

[LdiJ]

Originally Posted by coyote

What is the name of your state? Calif

A friend of mine was in a rush to get his tax forms submitted (due to large refund) so he signed his wife’s name on Form 8879 IRS e-file Signature Authorization for their joint tax return. He does have a General Durable Power of Attorney for her. Was this legal? Does a copy of the power of attorney have to be attached to the form? Even though the form doesn’t go to the IRS, it is just like signing the tax return and then would it look like a forgery? Could the form be re-signed and given to the tax preparer who has it on file? Could the wife just type up a statement saying she told her husband to sign the form for her and then sign the statement and keep it with their file copy? Also, does permission from both taxpayers have to be granted for someone to obtain a copy of a tax return? Any advice would be appreciated…. Thanks!What is the name of your state?

If he has a durable power of attorney for her, that would probably be sufficient to make what he did legal....assuming that he isn't pulling any fast ones.

Your second question leads me to believe that possibly he was trying to pull a fast one. Yes, it requires the permission of both parties for an outsider to directly receive a copy of a tax return. However, it does NOT require the permission of both parties for one of the parties to obtain a copy of the tax return and turn it over to a third party.

[coyote]

Originally Posted by LdiJ

If he has a durable power of attorney for her, that would probably be sufficient to make what he did legal....assuming that he isn't pulling any fast ones.

Your second question leads me to believe that possibly he was trying to pull a fast one. Yes, it requires the permission of both parties for an outsider to directly receive a copy of a tax return. However, it does NOT require the permission of both parties for one of the parties to obtain a copy of the tax return and turn it over to a third party.

Their relationship is in turmoil right now and she is now conveniently forgetting that she said it was okay to sign the form. He is worried she will bring this up in the future should they split up.

[LdiJ]

Originally Posted by coyote

Their relationship is in turmoil right now and she is now conveniently forgetting that she said it was okay to sign the form. He is worried she will bring this up in the future should they split up.

So what did he do with the refund? If he properly shared it that would hopefully erase the problem.

[tranquility]

I believe the durable power of attorney must have a specific provision regarding the signing of tax returns for it to be accepted by the IRS. We then usually recommend the POA sign the return with his name followed by "as attorney in fact" afterwards.

In a situation like yours, you may have problems.

As to the issue of turning over the return to third parties, I agree one person can turn over his joint return to who he wants. Our office privacy policy does not require a signed written release from all taxpayers, but any taxpayer, for us to release to a third party. I hear and have read there is a CA statute regarding the privacy of tax information, but have never been able to find it. Is it this statute which requires the signature of both taxpayers on a joint return before releasing to a third party? If so, where could I find the statute?