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The Tax Power of Attorney (POA) form RD-1061 plays a crucial role in the realm of tax management, allowing individuals and businesses to designate a representative who can act on their behalf when dealing with tax matters. Whether it's preparing and filing returns, addressing audits, or resolving tax discrepancies, the form ensures that the appointed representative has the authority to interact with tax agencies. By utilizing the RD-1061, taxpayers can streamline their communication with tax authorities, minimizing stress during tax season or when other challenges arise. Moreover, this form outlines the specific powers granted to the representative, which can include signing documents, negotiating on behalf of the taxpayer, and accessing confidential tax information. Understanding the nuances of the RD-1061 is necessary for anyone looking to simplify their tax obligations and ensure compliance while relying on a trusted advisor. This article will explore the key components of the RD-1061, the process of completing the form, and the benefits of designating a representative for tax matters.

Tax POA form rd-1061 Example

Form RD-1061 (Rev. 09/20/18)

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Page 1

Georgia Department of Revenue

Power of Attorney and Declaration of Representative

Submit this form through GTC (gtc.dor.ga.gov) or to the Department employee handling your inquiry.

Section 1

Taxpayer Information

 

 

 

Taxpayer’s Name

 

SSN/FEIN

Telephone Number

 

 

 

 

 

Spouse’s Name (if joint income tax return)

Spouse’s SSN (if applicable)

Telephone Number (if applicable)

Mailing Address

Spouse’s Mailing Address (if different from above)

Section 2 Representative Information

Name of Person Given Power of Attorney

Mailing Address

Telephone Number

Email Address

Name of Person Given Power of Attorney

Mailing Address

Telephone Number

Email Address

Section 3

Tax Matters

The representative is authorized to represent the taxpayer before the Department for the following tax matters:

Tax Type(s):

Tax Period(s) or Tax Year(s):

The representative is authorized to perform on behalf of the taxpayer the following act(s) for the tax type(s) and tax period(s) or year(s) above (check all that apply):

To make payments on behalf of the taxpayer.

To receive, but not to endorse and collect, checks in payment of any refund of tax, penalty or interest.

To execute waivers (and related documents) of restrictions on assessment or collection of tax deficiencies and waivers of any other rights of taxpayer.

To execute consents extending the statutory period for assessment, collection or refund of taxes.

To file protests and appeals from notices of assessment and to represent taxpayer in conferences and hearings.

To execute claims for refund.

To receive confidential information pertaining to these tax matters.

To perform all other lawful acts on behalf of the taxpayer concerning the tax matters above.

Section 4 Retention/Revocation of Prior Power(s) of Attorney

The filing of this Power of Attorney automatically revokes all earlier Power(s) of Attorney on file with the Georgia Department of Revenue for the same matters and years or periods covered by this document. If you DO NOT want to revoke a prior Power of Attorney, mark an X in this box.

Please specify which Power(s) of Attorney you wish to remain in effect by listing the authorized representative(s) below:

Section 5 Taxpayer Authorization and Signatures

The taxpayer named in Section 1 appoints the individual(s) named in Section 2 as representative(s) for the taxpayer concerning the tax matter(s) listed in Section 3.

The taxpayer acknowledges that it is his or her responsibility to keep the representative(s) listed in Section 2 informed of the tax matters involving the Department and that the Department is not able to send copies of correspondence directly to the representative(s).

This Power of Attorney is not valid until it is signed and dated. If signed by a corporate officer, partner, member, trustee, or executor/ executrix on behalf of the taxpayer, I certify that I have the authority to execute this form on behalf of the taxpayer. I understand that to willfully prepare or present a document that is fraudulent or false is a felony under O.C.G.A. § 16-10-20.

Signature

Print Name

Date

Title (if corporate officer)

Spouse’s Signature (if joint)

Print Spouse’s Name

Date

 

Form RD-1061 (Rev. 09/20/18)/18)

Page 2

Section 6 Acknowledgment of the Power of Attorney

This Power of Attorney must be acknowledged by the taxpayer before a notary public, unless the appointed representative(s) is licensed to practice as an attorney-at-law, certified public accountant, registered public accountant, or is enrolled as an agent to practice before the Internal Revenue Service. If the appointed representative(s) is licensed to practice as an attorney-at-law, certified public accountant, registered public accountant, or is enrolled as an agent to practice before the Internal Revenue Service, skip Section 6 and continue to Section 7.

Acknowledgement of Power of Attorney. The person(s) signing as the taxpayer in Section 5 above appeared this day before a notary public and acknowledged this Power of Attorney as a voluntary act and deed.

Sworn and subscribed before me this __________ day of ______________________, 20_______.

Signature of Notary

Notary Seal

Date

Section 7 Declaration of Representative

Under penalties of perjury, I declare that:

• I am authorized to represent the taxpayer identified in Section 1 for the matter(s) specified in Section 3 of this form; and

I am one of the following (indicate all thatapply):

1.An attorney-at-law licensed to practice in and a member in good standing of the Bar of the jurisdiction indicated below.

2.A certified public accountant duly qualified to practice in the jurisdiction indicated below.

3.Enrolled as an agent to practice before the Internal Revenue Service under the requirements of Circular 230.

4.A registered public accountant.

Designation – use number(s) from above list

(1 - 4)

Licensing jurisdiction (state) or other licensing authority (if applicable)

Bar, license, certification,

registration, or enrollment number

Signature

Date

Form RD-1061 (Rev. 09/20/18)/18)

Page 3

Purpose of Form

A taxpayer may use Form RD-1061 to authorize an individual or individuals to represent the taxpayer before the Georgia Department of Revenue, to discuss and/or access confidential information, and to perform certain acts on behalf of the taxpayer for certain tax matters and periods. This Power of Attorney (POA) only authorizes the listed representative(s) to perform the acts indicated in this Form RD-1061. Representatives are not authorized to endorse or otherwise negotiate any check (including accepting payment by any means) issued by the Department. However, the representative(s) may make payments on behalf of the taxpayer if specifically authorized on the Form RD-1061.

Filing Instructions

Taxpayers should submit Form RD-1061 by uploading through Georgia Tax Center (GTC) (gtc.dor.ga.gov) or by sending to the Department employee handling your inquiry.

To upload to GTC: (1) Login, (2) Under “I Want To” select “See More Links”, (3) Select “Submit Power of Attorney", and (4) Follow the prompts to upload the Form RD-1061.

Revocation

If you have a valid Form RD-1061 on file with the Department, the filing of a new Form RD-1061 revokes the authority of the prior representative for the same matters and periods covered by the new Form RD-1061 unless Section 4 is completed. The prior representative is still an authorized representative and retains any previously granted authority for the matters and periods not covered by the new Form RD-1061 unless specifically revoked.

If the taxpayer or representative merely wants to revoke an existing authorization, upload a copy of the previously executed Form RD-1061 on GTC with “REVOKE” clearly written on the form. If you do not have a copy of the authorization you want to revoke, upload a statement of revocation to GTC. The statement of revocation must indicate the name of each representative whose authority is revoked. To upload a revocation on GTC follow the same steps outlined above.

Specific Instructions

Section 1 – Taxpayer Information

Enter the name, address, and contact information of the taxpayer. If the taxpayer is an individual, enter the full Social Security number (SSN). If the taxpayer is a business entity, enter the Federal Employer Identification Number (FEIN). If the taxpayer is granting access to a joint return, enter the spouse’s name, address, and full SSN.

Section 2 – Representative Information

Enter the representatives’ names, addresses and any applicable contact information. A representative must be an individual, not a business entity. If designating authority to more than two representatives, please attach a schedule similar in form to Section 2 signed by the taxpayer.

Section 3 – Tax Matters

Enter the tax type(s) and specific period(s) or year(s) for which the authorization is being granted. The Department will only discuss and/or disclose taxpayer information for the type(s) and period(s) listed. Notices and communications will be sent to the taxpayer, not the representative. The representative may access copies of taxpayer notices and communications via third party access to the taxpayer’s account through GTC.

Form RD-1061 (Rev. 09/20/18)/18)

Page 4

Section 4 – Retention/Revocation of Prior Power(s) of Attorney

All existing Form RD-1061s effective for the same matters and periods covered by this document previously filed by the taxpayer will be revoked unless the taxpayer checks the box on this line. If the taxpayer checks this box, the taxpayer must list the representative(s) previously authorized whose Form RD-1061 they wish to remain in effect. If you check the box, but do not specify a previously authorized representative, all existing Form RD-1061s will remain in effect.

Section 5 – Taxpayer Authorization and Signature

The taxpayer must sign in Section 5 for Form RD-1061 to be effective. The table below shows who should sign for each type of taxpayer:

Taxpayer

Who Must Sign

 

 

Individuals

The individual/sole proprietor must sign (if granting access to a joint return,

spouse must also sign).

 

Corporations

A corporate officer with authority to sign.

 

 

Partnerships

A partner having authority to act in the name of the partnership must sign.

 

 

Limited Liability

A member having authority to act in the name of the company must sign.

Companies

 

Trusts

A trustee must sign.

 

 

Estates

An executor/executrix or the personal representative of the estate must sign.

 

 

Section 6 – Acknowledgment of the Power of Attorney

This POA must be acknowledged by the taxpayer before a notary public, unless an appointed representative is an attorney-at-law, certified public accountant, registered public accountant, or is enrolled as an agent to practice before the Internal Revenue Service. If an appointed representative is an attorney-at-law, certified public accountant, registered public accountant, or is enrolled as an agent to practice before the Internal Revenue Service, then Section 7 should be filled out completely instead of Section 6, which may be left blank.

Section 7 – Declaration of Representative

If an appointed representative is licensed to practice as an attorney-at-law, certified public accountant, registered public accountant, or is enrolled as an agent to practice before the Internal Revenue Service, then they may fill out Section 7 in lieu of being acknowledged by a public notary in Section 6.

File Breakdown

Fact Name Description
Form Name Tax Power of Attorney (POA) Form RD-1061
Purpose This form authorizes a designated individual to represent a taxpayer before the Department of Revenue.
Governing Law The form is governed by the state’s taxation laws, particularly under state tax code provisions.
Eligibility Any individual or entity may complete this form to grant representation authority.
Submission Method The completed form can typically be submitted via mail or electronically, depending on state regulations.
Revocation Taxpayers can revoke the power of attorney at any time by submitting a notice in writing.
Duration The power of attorney remains in effect until revoked or the taxpayer passes away.
Scope of Authority The agent can handle various tax matters, including filing returns and communicating with tax authorities.
Signatures Required The form must be signed by the taxpayer and the designated representative, along with date of execution.

Guide to Using Tax POA form rd-1061

Once you have the Tax POA Form RD-1061 ready, it's time to fill it out correctly. Completing this form allows you to authorize someone to act on your behalf regarding tax matters. Follow the steps below to ensure everything is filled out properly and submit it without any hassle.

  1. Start by downloading the Tax POA form RD-1061 from the official revenue website or your state’s tax authority.
  2. Read the form carefully to understand what information is required.
  3. In the top section, fill in your name and address. Ensure your name matches your tax documents.
  4. Next, complete the section for the person you are appointing as your representative. This includes their name, address, and contact information.
  5. If applicable, provide your representative's identification number or Social Security number.
  6. Indicate the specific tax matters for which you are granting authority. This could include income, sales tax, or other specific types.
  7. In the appropriate section, select the duration of this power of attorney. You can specify a certain date range or choose to make it permanent until revoked.
  8. Sign and date the form in the designated area. Make sure your signature is legible, as this validates the document.
  9. Consider making a copy of the completed form for your records before sending it off.
  10. Submit the signed form to your state tax authority according to their guidelines, whether by mail or electronically.

After you submit the form, keep an eye out for any confirmation of acceptance from the tax authority. This will ensure your representative can act on your behalf smoothly when the need arises.

Get Answers on Tax POA form rd-1061

What is the Tax POA form RD-1061?

The Tax POA form RD-1061 is a Power of Attorney document specifically designed for taxpayers in the United States. This form allows individuals to authorize another person—often referred to as a representative—to handle tax-related matters on their behalf. Through the RD-1061, taxpayers can give permission for their appointed representatives to access their tax information, communicate with tax authorities, and act on their behalf in various tax matters.

Who can be designated as a representative using the RD-1061 form?

Taxpayers have the option to designate a wide range of individuals as their representatives using the RD-1061 form. This can include tax professionals, like Certified Public Accountants (CPAs) or enrolled agents, as well as family members or trusted friends. It's important to choose someone who is knowledgeable about tax matters and can effectively advocate for the taxpayer's interests when dealing with tax authorities.

What are the limitations of the Tax POA RD-1061?

While the RD-1061 form grants considerable authority to the designated representative, there are limitations to be aware of:

  • Scope of Authority: The form only allows the representative to act on the taxpayer's behalf for tax-related issues, not for other legal or financial matters.
  • Timeframe: The authorization is valid until revoked by the taxpayer or until the end of the specified tax year, depending on what is indicated on the form.
  • Revocation: Taxpayers can revoke the Power of Attorney at any time by submitting a written notice to both the representative and the relevant tax authority.

How do I complete the RD-1061 form?

Filling out the RD-1061 form involves several straightforward steps:

  1. Identify the Taxpayer: Fill in the full name, address, and Social Security number of the taxpayer granting the authority.
  2. Designate the Representative: Enter the information of the individual being given the Power of Attorney, including their name, address, and any applicable identifying numbers.
  3. Specify the Scope: Clearly state the tax matters the representative is authorized to manage, which could include state or federal taxes.
  4. Sign and Date: Finally, the form must be signed and dated by the taxpayer to authenticate the authority being granted.

Where should I submit the RD-1061 form once completed?

After completing the RD-1061 form, it should be submitted to the appropriate tax authority. For federal matters, this typically means filing with the Internal Revenue Service (IRS) or the state department of revenue, depending on the jurisdiction. It is advisable to keep a copy of the form for personal records. If the appointed representative will be dealing with specific tax authorities, they should be instructed to retain copies as well.

Common mistakes

Filling out the Tax Power of Attorney (POA) form RD-1061 can be a straightforward process, but many individuals encounter common mistakes that can lead to complications. Understanding these errors can help ensure that the form is completed correctly and submitted without issues. One prevalent mistake is failing to provide all required signatures. In many cases, individuals overlook the necessity of including both the taxpayer's and the representative's signatures. This omission can result in delays and might even lead to rejection of the form.

Another frequent error involves incorrect identification of the representative. It is essential to ensure that the person's name, address, and contact information are entered accurately. Misplacing a letter or providing outdated information can create confusion, making it difficult for the tax authorities to reach your representative when needed. It is critical to double-check these details before submission to maintain clear communication with the IRS.

Individuals often forget to specify the tax matters that the Power of Attorney covers. Leaving this section blank or vaguely defined may lead to limitations on what the representative is authorized to handle. Clearly outlining the specific tax years or types of tax issues can prevent misunderstandings later. Correctly identifying these matters can empower your representative and streamline the resolution of any pending issues with the IRS.

Finally, many people neglect to keep a copy of the completed RD-1061 form for their personal records. Having a copy readily available is vital for tracking what was submitted and for reference during future communications with the tax authorities. Without documentation of submission, individuals may face challenges in proving who was authorized to act on their behalf at a later date. Taking these steps can significantly improve the effectiveness of the Tax POA process.

Documents used along the form

When handling matters related to tax representation, certain forms and documents are commonly used alongside the Tax POA form RD-1061. These documents help ensure a smooth and efficient process when dealing with tax issues.

  • IRS Form 2848: This is the Power of Attorney and Declaration of Representative form used for federal tax matters. It allows a designated individual to represent a taxpayer before the IRS.
  • State Tax POA Form: Each state has its own Power of Attorney forms for tax purposes. These forms permit a representative to handle state tax matters on behalf of the taxpayer.
  • Form W-9: The Request for Taxpayer Identification Number and Certification form is used to provide a taxpayer's information to a third party. It is often required for reporting and tax purposes.
  • Form 8821: This is the Tax Information Authorization form, allowing an individual to receive and view a taxpayer's tax information without acting as a representative.
  • Fiduciary Tax Return Forms: Depending on the circumstances, fiduciaries may need to file specific tax returns, such as Form 1041 for estates and trusts.

Understanding these forms can aid in the navigation of tax-related processes and ensure that representation is by the appropriate individuals for efficient resolution.

Similar forms

The Tax Power of Attorney (POA) form RD-1061 is an important document that allows individuals to authorize someone else to represent them in tax matters. The following documents share similarities with the RD-1061 form in terms of purpose and function:

  • General Power of Attorney: This document grants broad authority to an individual to act on behalf of another in various legal and financial matters, similar to tax representation.
  • Limited Power of Attorney: Like the RD-1061, this form gives specific powers to an agent, but restricts those powers to certain tasks or time periods, including tax-related issues.
  • IRS Form 2848: This is a federal form used for power of attorney regarding federal tax matters, enabling agents to manage a taxpayer's IRS affairs, similar to the RD-1061 for state taxes.
  • State Power of Attorney for Tax Matters: Many states have their own version of a power of attorney specifically for tax issues, mirroring the RD-1061's function in authorizing representation.
  • Healthcare Power of Attorney: Although different in context, this document allows an agent to make healthcare decisions on behalf of someone else, reflecting the principle of designating another’s authority in specific matters.
  • Durable Power of Attorney: This form continues to grant authority even if the principal becomes incapacitated, paralleling the ongoing nature of representation established by the RD-1061.

Dos and Don'ts

When filling out the Tax POA (Power of Attorney) form RD-1061, there are important steps to follow to ensure accuracy and compliance. Below are essential dos and don'ts to keep in mind:

  • Do ensure that all required fields are completed accurately.
  • Do review the form for any potential errors before submission.
  • Do provide clear and legible signatures, as illegible handwriting may lead to issues.
  • Do keep a copy of the completed form for your records.
  • Don't omit any necessary information, as this could delay processing.
  • Don't sign the form if you’re unsure about what you are authorizing.
  • Don't provide any false information, as this may result in legal consequences.
  • Don't forget to check the submission instructions carefully, ensuring you send it to the correct address.

Misconceptions

The Tax POA form RD-1061 is an important document used by taxpayers to designate someone to represent them before the tax authorities. Unfortunately, several misconceptions about this form can lead to confusion. Here’s a look at eight common misunderstandings:

  1. It's only for businesses. Many believe the Tax POA form is exclusively for businesses. However, individuals can use it too for personal tax matters.
  2. You need a lawyer to complete it. While some may think that a lawyer is required to fill out the form, anyone can complete it as long as they meet the requirements.
  3. Once submitted, it's permanent. Some individuals think that once the form is submitted, it cannot be revoked. In reality, taxpayers can revoke the POA at any time if needed.
  4. It grants unlimited power to the representative. Many assume that signing the form gives their representative endless authority. The POA usually specifies the scope of the authority granted, which can be limited to certain issues.
  5. It expires after one tax year. A common belief is that the POA is only valid for one tax year. In fact, it remains in effect until revoked or until the task is completed.
  6. Your representative can do anything on your behalf. While representatives can handle many tax matters, they cannot sign checks, file bankruptcy, or perform certain legal actions without additional authorization.
  7. Filing the form is optional for representation. Some may think they don’t need to file this form to get representation. However, without it, tax authorities may not recognize the representative’s authority to act on behalf of the taxpayer.
  8. The form requires a fee to file. There is a misconception that submitting the form incurs a fee. In fact, taxpayers typically do not need to pay a fee for filing the Tax POA form RD-1061.

Awareness of these misconceptions can help taxpayers navigate their tax representation more effectively. It's essential to understand the purpose and implications of the Tax POA form to ensure proper use and avoid pitfalls.

Key takeaways

  • Purpose of the Tax POA Form: The Tax POA form RD-1061 allows individuals to designate a representative to manage their tax matters with the relevant tax authority.
  • Who Can Be Designated: The form can name attorneys, accountants, or other qualified individuals as authorized representatives.
  • Signature Requirement: The taxpayer must sign the document for it to be valid. Ensure all necessary signatures are provided.
  • Scope of Authority: The representative gains access to information and can act on behalf of the taxpayer in tax-related issues specified in the form.
  • Revocation Rights: Taxpayers can revoke the authorization at any time by submitting a written notice to the tax authority.
  • Keep Records: It is essential to retain a copy of the completed Tax POA form for personal records and future reference.