What is a "Power of Attorney" and why is it needed?
A Power of Attorney (POA) is a legal document that allows one person, known as the principal, to appoint someone else, referred to as their attorney-in-fact or representative, to make decisions and take actions on their behalf. In the context of the Tennessee Department of Revenue, a POA is needed when a taxpayer wants to authorize another person to handle their tax matters. This could include activities such as filing taxes, obtaining confidential tax information, and dealing with tax disputes or negotiations with the Department.
The taxpayer can appoint anyone they trust as their representative. However, common choices include attorneys, certified public accountants (CPAs), family members, or other individuals who have a thorough understanding of the taxpayer's financial matters and tax obligations. Representatives must have the ability and knowledge to deal responsibly with the taxpayer's tax matters.
What tax matters can the representative handle?
The representative is authorized to handle a wide range of tax-related tasks on behalf of the taxpayer including:
-
Receiving and inspecting confidential tax information
-
Representing the taxpayer in matters before the Tennessee Department of Revenue
-
Signing agreements, consents, or other documents related to the tax matters specified
It is important to note that the representative cannot receive refund checks on behalf of the taxpayer.
Completing the form requires several steps:
-
Fill in the taxpayer's information including name, address, and daytime telephone number.
-
Appoint a representative by providing their name, address, and contact numbers.
-
Specify the type of tax and the year(s) or period(s) for which the representation is authorized.
-
Read and understand the acts authorized section to know what your representative can do.
-
Sign and date the form as the taxpayer, indicating your consent to the appointment.
-
The representative must also sign and date the form in Part II, indicating their willingness to act on behalf of the taxpayer.
What if the taxpayer is a business entity?
If the taxpayer is a business entity, such as a corporation or partnership, the form must be signed by an individual who has the authority to legally bind the entity. This could be a corporate officer, partner, or other duly authorized person. The signer must indicate their title and affirm their authority to execute the form on behalf of the business.
How are notices and communications handled?
Notices and other written communications from the Tennessee Department of Revenue regarding the specific tax matters authorized will be sent to the first representative listed on the form. It is crucial that the appointed representative promptly shares any received communications with the taxpayer to ensure informed decisions can be made when necessary.
What happens if the Declaration of Representative is not signed and dated?
If the Declaration of Representative in Part II of the form is not completed properly with a signature and date, the Power of Attorney will be considered invalid and will be returned. It is essential that both the taxpayer and the representative complete their respective sections accurately to ensure the form is processed smoothly.
Can a Power of Attorney be revoked?
Yes, a Power of Attorney can be revoked at any time by the taxpayer. To do so, the taxpayer must provide written notice of the revocation to the Tennessee Department of Revenue. It is also advisable to notify the representative of the revocation to prevent further actions being taken on behalf of the taxpayer.