How to Use Form 2848 with Estate Form 706

8 of 8 in Series: The Essentials of Filing the Estate Tax Return (Form 706)

It may be helpful when dealing with estate tax returns, to file a Form 2848, Power of Attorney and Declaration of Representative, with the IRS. This form appoints an attorney, certified public accountant, enrolled agent, or someone else who prepared Form 706 to act on the administrator’s behalf regarding some or all the decedent’s tax matters.

If you file a Form 2848, attach a copy to the 706 as an exhibit.

Form 2848 may be filed at any time after your appointment as executor or administrator. It allows you to add powers not already listed on the form or delete any you don’t want to bestow. You can also rescind the power of attorney at any time. If you have different tax preparers for different types of returns, you may want to have a separate Form 2848 for each.

Form 706 contains its own version of a power of attorney, specific to that return, in part 4 under General Information. However, you can name only one person (who must be an attorney, certified public accountant, or enrolled agent) and that person can’t enter into agreements with the IRS on your behalf regarding the Form 706.

Ongoing legislative discussion proposes to limit the appointees under a Form 2848 to attorneys, certified public accountants, and enrolled agents. If and when this happens, Form 2848 will be adapted to reflect those changes, so be sure you’re using the most current version of the form.