Discussion:Form needed to speak to IRS on clients behalf

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Discussion Forum Index --> Basic Tax Questions --> Form needed to speak to IRS on clients behalf
Discussion Forum Index --> Tax Questions --> Form needed to speak to IRS on clients behalf

Lrussell (talk|edits) said:

12 February 2008
Does anyone know the form number that the client needs to sign so that I can speak to the IRS on a specific return (1040) for a specific year?

Mscash (talk|edits) said:

12 February 2008
To just get information about a third party, you will need a Tax Information Authorization, Form 8821 http://www.irs.gov/pub/irs-pdf/f8821.pdf

To represent a taxpayer, you will need a Power of Attorney, Form 2848 http://www.irs.gov/pub/irs-pdf/f2848.pdf

Jdugancpa (talk|edits) said:

12 February 2008
Come on, how tough is it to find that out on your own? Go to IRS.gov. Type "power of attorney" in search box. It will take less time than you spent asking the question here.

TexCPA (talk|edits) said:

12 February 2008
try the search engine as well

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TexCPA

Lrussell (talk|edits) said:

12 February 2008
I didn't want the power of attorney form or I would have searched for it. It is the other form. Also, I did perform a search and nothing came up with search terms I provided. Thanks for your help.

Death&Taxes (talk|edits) said:

12 February 2008
But you can't speak to IRS with an 8821, you can only be in the pipeline to receive documents.

Irsfixer (talk|edits) said:

12 February 2008
Why would you not want POA?

Taxstudent (talk|edits) said:

12 February 2008
You can speak to the Service with an 8821. You just can't advocate. The Service never has a problem with it, but YMMV since I use them for slightly different situations than the typical return prep situation.

Lrussell (talk|edits) said:

12 February 2008
Irsfixer - I thought the client might be more comfortable with the 8821 then with a power of attorney form. I have used the 8821 in the past in order to speak to the IRS on a specific matter.

Irsfixer (talk|edits) said:

12 February 2008
You will learn that it is what the client does not tell you that causes the most problems. For instance, I had a cleint come in once about a notice in a particular tax year in which she owed $20K. I got a POA for the last 13 years as I always do and learned that she owed $250K for another year. That changed the entire problem.

If you are going to represent clients before the IRS, you need the ability to discuss all issues on a return or year and you need at least the last six years. Otherwise you are restricting your value to them. If they are shy about the POA, offer them the IRS's phone number.

Taxea (talk|edits) said:

12 February 2008
thank you Jdugancpa! I would like to know this why wasn't restricted to be posted in the Basic Tax Questions area?taxea

TxSrv (talk|edits) said:

12 February 2008
I'm curious as to whether IRS has ever tried to stop anybody here from "advocating" if you have only an 8821. How do they do that? What do they say? What type of problem was it?

Death&Taxes (talk|edits) said:

13 February 2008
Without either 2848 or 8821, a person is permitted to relay information to the Service but they will say little more than thank you, or repeat what was said, unless it is interesting enough like the time a client received a direct deposited current year refund check before he filed.....that time they put me throught to the Director's office in the Philadelphia Service Center.

Irsfixer (talk|edits) said:

13 February 2008
An 8821 is not adequate to represent a taxpayer properly.

TexCPA (talk|edits) said:

13 February 2008
I thought the client might be more comfortable with the 8821 then with a power of attorney form.

Wag the dog?

TexCPA

TxSrv (talk|edits) said:

13 February 2008
Why not? Doesn't it depend upon the matter at issue and the skills of the person on the 8821? I'm thinking of things like a 941 account quarter is messed up by IRS, or a garden-variety CP-2000. Not referring to potential skills or not of someone who cannot legally be a 2848, but a nevertheless "tax practitioner" who by experience can deal properly with IRS. Why would IRS refuse to discuss an issue with that 8821 person, if it helps to resolve the matter? IRS' other choice is deal with the t/p who knows much less and/or may be cantankerous by DNA.

Lrussell (talk|edits) said:

13 February 2008
For the client, I was trying to determine why they received a tax refund different then what I had calculated on their amended return. The return had been amended several times and I needed a history of what had actually been refunded and paid by them because the client didn't have it. I didn't think it was necessary to have a Power of Attorney form signed in order to get this information.

I don't understand why so many people on this site respond in such a negative way when questions are asked. I try to use the site to ask appropriate questions after searching for the answer on my own. I realize I am not that experienced like many of you but positive feedback would be appreciated. I do appreciate all the help I get from people on the site, but there are a few people that seem to like to joke at expense of others which I don't find very professional.

Irsfixer (talk|edits) said:

13 February 2008
I went to the IRS web site. I searched on "taxpayer representation" and the fourth item in the search was Pub 947 - Representaion. I clicked on the link and found a discussion of Forms 2848 and 8821. This exhausting research took about 10 seconds. To be fair, I have a high speed connection.

Irsfixer (talk|edits) said:

13 February 2008
I went to the IRS web site. I searched on "taxpayer representation" and the fourth item in the search was Pub 947 - Representaion. I clicked on the link and found a discussion of Forms 2848 and 8821. This exhausting research took about 10 seconds. To be fair, I have a high speed connection.

Death&Taxes (talk|edits) said:

13 February 2008
Part of this is educating the client: my own father in his advanced years was suspicious of any kind of Power of Attorney, fearing the person holding it would rob him. You have to point out that the giver must authorize the holder to receive refunds. This is the normal fear people have of the mysterious form.

TxSrv makes a good point, but there are times when the professional can see something and the person on the other end of the line, or on the other side of the counter can't get it through their head. At that point, raising the level of voice, or asking to speak to someone else higher while holding an 8821 can be met with 'you don't really have authority to advocate with us.' This is why the 2848 holds all trumps.

Lmcdon9822 (talk|edits) said:

13 February 2008
I had to submit Form 2848 as well as 8821...

Jdugancpa (talk|edits) said:

13 February 2008
Lrussell, I am sorry if you thought my response mean-spirited. Your question seemed to be asking a very basic question that a tax professional should know. If you did not want the POA (Form 2848) you did not state that in you initial question. Many of us that frequent this forum do not mind giving assistance when assistance is required. But obtaining assistance sometimes means asking the correct questions and not looking like you want easy answers. Can we be friends now?

Lrussell (talk|edits) said:

13 February 2008
I understand what you are saying...just appreciate it when people are considerate even if you do ask a "stupid" question. I will definately be more careful in the future. Apology accepted :)

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