How to File Taxes for a Spouse Who Has a Power of Attorney
A primary goal of preparing and filing taxes is ensuring that you properly complete the return. Failing to properly complete and then file a tax return results in a delay in the processing of your return in the best-case scenario. In the worst case, a flawed tax return triggers an audit. If your spouse has a power of attorney, there are additional requirements that must be met. To avoid issues with a taxing authority--including the Internal Revenue Service--you need to fully understand how to file taxes for a spouse with a power of attorney.
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Instructions
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Obtain copy of your spouse's power of attorney (if you are not the person designated as the agent in that document).
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Complete the basic tax form and supplemental materials if you do not engage a professional preparer. The only difference in this process is that you indicate in the signature block that an agent possessing a power of attorney on behalf of your spouse signs the documents.
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Contact a tax preparer (if you are not completing the tax return or returns yourself). You will need to provide her with a copy of your wife's power of attorney. The tax preparer may request to view the original power of attorney to verify its authenticity.
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Provide the completed tax return or returns to the individual who is the agent of your spouse through the power of attorney.
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Complete any power of attorney declaration form that is required by a specific taxing authority. Not all agencies require the completing of a specific form by a power of attorney. An example of such a document is the Power of Attorney and Declaration of Representative used by the Internal Revenue Service.
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Obtain the signature of the power of attorney on behalf of your spouse on the tax return or returns and related documents.
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Sign any return on behalf of yourself if it is jointly filed.
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Attach a copy of the power of attorney to each tax return.
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Submit or file the completed tax return to the appropriate taxing authority. For example, mail the return to the Internal Revenue Service.
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Tips & Warnings
Allow additional time to complete your tax return if your spouse maintains a power of attorney.
Fully document the existence of a power of attorney when filing a tax returned signed by an agent acting on behalf of your spouse. Absent a copy of a current and valid power of attorney, the taxing agency will reject the return.
