What are the legal penalties for representing yourself as a power of attorney

[radtechmike]

north carolina
Are ther legal penalties for representing yourself as a power of attorney to the IRS when you are notlegally the power of attorney to a specific individual?

 

[Zigner]

north carolina
Are ther legal penalties for representing yourself as a power of attorney to the IRS when you are notlegally the power of attorney to a specific individual?

There sure could be. Facts matter, so based on your utter lack of details, that's the only answer we can give you.

 

[LdiJ]

north carolina
Are ther legal penalties for representing yourself as a power of attorney to the IRS when you are notlegally the power of attorney to a specific individual?

The IRS won't even talk to you if you cannot produce a written Power of Attorney.

 

[Zigner]

I wonder if the OP is confused between a "power of attorney" that I might create for my friend to handle my day-to-day matters and a "power of attorney" that I create for a person to represent me before the IRS...

In any case, we need more facts about the matter to even begin to guess at the answer.

 

[LdiJ]

I wonder if the OP is confused between a "power of attorney" that I might create for my friend to handle my day-to-day matters and a "power of attorney" that I create for a person to represent me before the IRS...

In any case, we need more facts about the matter to even begin to guess at the answer.

Either way, the IRS won't deal with you unless they have a written power of attorney. So it is not possible to "pretend" to be someone's POA if you are not.

 

[Zigner]

Either way, the IRS won't deal with you unless they have a written power of attorney. So it is not possible to "pretend" to be someone's POA if you are not.

I can produce a written power of attorney within minutes for the owners of the company I work for...and a little longer for some of the other office workers.

I know what you mean, but we don't know if the OP is talking about someone who has forged the power of attorney document. We can't begin to guess at answers without more information. If we do, then, well, we're just guessing

 

[LdiJ]

I can produce a written power of attorney within minutes for the owners of the company I work for...and a little longer for some of the other office workers.

I know what you mean, but we don't know if the OP is talking about someone who has forged the power of attorney document. We can't begin to guess at answers without more information. If we do, then, well, we're just guessing

I see your point about a forged POA. However, surely no one would be foolish enough to do that where the IRS is concerned.

 

[Zigner]

I see your point about a forged POA. However, surely no one would be foolish enough to do that where the IRS is concerned.

Yes, because nobody has ever done anything fraudulent when the IRS is involved.


(And don't call me Shirley)

 

[Taxing Matters]

north carolina
Are ther legal penalties for representing yourself as a power of attorney to the IRS when you are notlegally the power of attorney to a specific individual?

In order to represent a taxpayer before the IRS, you must submit to the IRS a Form 2848, Power of Attorney. Only certain persons are authorized to represent taxpayers befor the IRS and the Form 2848 requires the signatures of both the taxpayer and the agent (the person to whom the taxpayer has granted power of attorney). If you submit a forged or falsified Form 2848 you risk prosecution for federal charges of perjury, forgery, fraud and/or tax fraud. You also risk being sued by both the federal government and the taxpayer for any losses or harm caused by the impersonation. It would be a very foolish thing to do.

If the power of attorney to which you refer is for some purpose other than representing a taxpayer before the IRS you’ll need to explain better what is is that the person is doing or is contemplating doing.

 

[Taxing Matters]

Yes, because nobody has ever done anything fraudulent when the IRS is involved.

Those that do and get caught pay a heavy price for having done it. I’ve seen that many times. It is not pretty.

 

[LdiJ]

Those that do and get caught pay a heavy price for having done it. I’ve seen that many times. It is not pretty.

Right...it would not be the type of fraud where you could possibly get away with it because no human being actually gets involved with your electronically filed tax return. If a 2848 is being used there will always be a human agent involved in the equation, therefore a much higher likelihood of getting caught.

 

[Zigner]

Again, the facts (of which we have none) matter. If the forged form is used to call up and discuss a tax return one time with no further action taken beyond that, then what?

 

[LdiJ]

Again, the facts (of which we have none) matter. If the forged form is used to call up and discuss a tax return one time with no further action taken beyond that, then what?

I still cannot imagine anyone pulling that off successfully.

 

[Zigner]

I still cannot imagine anyone pulling that off successfully.

Fake POA: Hello, I need to check on Mr. Smith's return - I would like to verify the AGI reported, is it $123,456.00?
Agent: Yes, that is correct.
Fake POA: Thank you.

 

[LdiJ]

Fake POA: Hello, I need to check on Mr. Smith's return - I would like to verify the AGI reported, is it $123,456.00?
Agent: Yes, that is correct.
Fake POA: Thank you.

Except it doesn't work that way.

Hello, I am calling on behalf of a client.
Series of questions asked and answered to determine if legit.
Copy of POA faxed to agent while on the phone.
Additional series of questions asked and answered to determine if legit.
If at any point suspicions arise, problems ensue.

In some instances the POA must already be registered and on file with CAF before an agent will speak to someone at all.