Enlarge image | Illinois Department of Revenue IL-2848 Instructions General Information Who must file Form IL-2848? What if I submit an invalid Form IL-2848? In general, Form IL-2848, Power of Attorney, should be filed If you submit an invalid Form IL-2848, you will be notified to to authorize a Power of Attorney (POA) to perform certain acts submit a new Form IL-2848. A corrected Form IL-2848 cannot with the Illinois Department of Revenue (IDOR) on behalf of be resubmitted. A new Form IL-2848 must be completed, the taxpayer. signed, and dated before being submitted. In most cases, for a taxpayer’s POA to discuss confidential Form IL-2848 may be considered invalid if any of the following tax information with an IDOR representative, either the is missing, incomplete, or incorrect: taxpayer’s POA must be listed as third-party designee on the • taxpayer information; current year income tax form, or Form IL-2848 must be filed • identification numbers; with IDOR. If you are calling IDOR to discuss a business tax • tax types; account (e.g., Withholding Income Tax, Business Income • tax periods; Tax, Sales and Use Tax, etc.), you may not need to file • taxpayer, POA, or witness or notary signatures or dates; Form IL-2848. In most of these circumstances, IDOR phone or representatives can discuss these tax accounts after verifying • any additional required information. certain security information. When does Form IL-2848 expire? For a POA to act on the behalf of a taxpayer in an administrative hearing or proceeding before the Illinois Unless revoked or withdrawn, Form IL-2848 will expire Independent Tax Tribunal, Form IL-2848 must be filed with automatically 10 years from the date signed by the taxpayer, IDOR listing the POA. The POA must be an attorney to act for authorized agent, or fiduciary. A subsequently filed Form a taxpayer at an administrative hearing or other preliminary IL-2848 with either the ‘Add: New POA’ or ‘Remove: Existing proceedings, including status calls and pretrial. POA’ box checked will automatically revoke all prior powers of attorney on file with IDOR for the same tax type(s) and year(s) This form also may be required in order to have a POA act or period(s). on the taxpayer’s behalf during certain proceedings before IDOR, such as during an audit, certain collection actions, a How does a POA withdraw their representation? settlement of tax liability, or a legal proceeding. If a POA wants to withdraw their representation of the When must I submit Form IL-2848? taxpayer, the POA must write “WITHDRAW” across the top of the first page of the previously executed Form IL-2848. The You may submit Form IL-2848 at any time, particularly if you POA must also print his or her name, sign and date next to the want to maintain your POA’s information on file with IDOR. In word “WITHDRAW”, and submit a copy of this Form IL-2848 certain instances, taxpayers may also be directed to submit to IDOR . Form IL-2848 to an IDOR representative or attach the form to correspondence as support for the taxpayer’s request. If a POA does not have a copy of the previously executed Form IL-2848 and the POA wants to withdraw their How can I submit Form IL-2848? representation of the taxpayer, the POA must submit a You can submit your completed Form IL-2848, including statement of withdrawal that indicates the authority of the required schedules and supporting documents, using the power of attorney is withdrawn, lists the tax matters and following methods: years or periods, and lists the name, identification number • MyTax Illinois —Upload it as a single PDF file using [i.e., attorney license number, PTIN, Federal Employer mytax.illinois.gov. Identification Number (FEIN), or Social Security Number • Email — Attach it as a single PDF file and send to (SSN)], and address (if known) of the taxpayer. The POA REV.POA@illinois.gov.Note: Sending information via must print his or her name, sign and date this statement and email is not secure. submit the statement to IDOR. • Fax — Send it as a single fax to 217 782-4217. Do not For information on where to send the withdrawal, see the include a cover page or combine multiple Forms IL-2848. section “How can I submit Form IL-2848”. You can also mail your completed Form IL-2848, including Note: If a taxpayer wants to withdraw a POA, the ‘Remove: required schedules and supporting documents to: Existing POA’ box or ‘Add: New POA’ box must be checked ILLINOIS DEPARTMENT OF REVENUE and the form completed and signed. POWER OF ATTORNEY FORMS 3-252 PO BOX 19001 What if I need help? SPRINGFIELD IL 62794-9001 • Call 1 800 732-8866 or 217 782-3336 Note: Do not attach Form IL-2848 to your tax return. (TDD, telecommunications device for the deaf, at Attaching Form IL-2848 to your tax return is not an approved 1 800 544-5304). method for authorizing a representative to act on a taxpayer’s • Visit a taxpayer assistance office - 8:00 a.m. to 5:00 p.m. behalf. When you contact IDOR you will be required to (Springfield office) and 8:30 a.m. to 5:00 p.m. (all other resubmit a power of attorney form if you attached Form offices), Monday through Friday. IL-2848 to your tax return. • Visit our website at tax.illinois.gov. IL-2848 Instructions (R-09/22) Page 1 of 4 |
Enlarge image | Specific Instructions Check One Box SMLLC separate from you as an individual is required. Check the applicable box to indicate whether you want to: See the Business section below for more information. • Add: New POA – Check this box to add a new POA. A • If you are authorizing the listed POA to represent you for new POA means someone who is not already a POA for a notice of personal tax liability (NPL) or 1002-D notice of one of your tax types. A new POA could be a different deficiency assessment, then list your legal name and full person for a different tax type but if you list a ‘new’ POA SSN. for a tax type, year, or period that you already have a POA Business (e.g., corporation, partnership, limited listed for, then you are replacing your current POA. Filing liability company, estate, trust, etc.) a Form IL-2848, for the same tax types, years or periods • Enter the legal name (do not use a DBA name) and full covered by a previous Form IL-2848 will automatically FEIN of the business. If you are preparing this form for a revoke your previous POA. corporation filing a unitary return and the representation • Add: Additional POA - Check this box to add an concerns matters related to the consolidated return, do additional POA for the same taxes and periods as an not attach a list of subsidiaries to this form. Only the existing POA, without revoking the existing POA. parent or designated agent information is required. • Change: Existing POA – Check this box to make • If a business is the owner of an SMLLC that has not changes (e.g., address or phone changes) to the current elected to be treated as a corporation or a disregarded POA. This includes adding a new tax type, year, or period entity and the business is authorizing the listed POA to to a current POA. Checking this box will not remove nor represent the SMLLC or disregarded entity for Income add a POA. Tax, then you must list the owning entity’s legal business • Remove: Existing POA – Check this box to remove name and full FEIN. If you are trying to authorize your your current POA’s authority to manage your account. POA to represent your SMLLC or disregarded entity for Checking this box will remove your current POA for the taxes other than Income Tax (e.g., Withholding Income tax types, years, or periods checked in Step 3. To add a Tax or Sales and Use Tax) or if the SMLLC has elected new POA, you must check the “Add New POA” box and to be treated as a corporation, a Form IL-2848 for the complete Form IL-2848 with your new POA’s information. SMLLC or disregarded entity separate from the owning Note: If this box is checked complete Steps 1, 2, 3, and 5 entity is required. only. • If you are authorizing the listed POA to represent you for One box must be checked for the form to be processed. a transfer of assets assessment, then list the legal name and full FEIN of the business that acquired the assets. Step 1: Taxpayer information Check Box: If the person completing this form is an Legibly enter the name, identification number, and address of authorized agent (corporate officer, partner, or individual the taxpayer (whether an individual or a business) for which on behalf of the taxpayer) or fiduciary of the entity listed in Form IL-2848 is being submitted. Taxpayer information must Step 1, check this box and complete Step 4 along with Steps match our current registration records. 1, 2, 3, 5, and 6. See Step 4 for more information. Individual • Enter the legal name and full SSN of the individual. If you, Step 2: Power of Attorney Information your spouse, or former spouse are submitting a power Check the box if Form IL-2848-A, Power of Attorney Additional of attorney in connection with a joint return and want to Information, is attached and enter the number of attached authorize the same POA, you may list both the primary Form(s) IL-2848-A on the line. and spouse’s legal names and SSNs in Step 1, in which • If the POA is an attorney, certified public accountant case both the primary and spouse must sign in Step 5. (CPA), enrolled agent, or other (none of those three) Otherwise, each must complete a separate Form IL-2848 check the applicable box. One box must be checked for and list his or her own information. the form to be processed. • If you are a sole proprietor and you are authorizing • Legibly enter the information requested in Step 2 the listed POA to represent you for your individual and identifying the POA. For the individual being appointed business matters, then enter your full SSN, FEIN (if to represent the taxpayer as POA, enter the name, applicable), and any other applicable Illinois Account ID applicable identification number, such as an attorney numbers. license number, preparer tax identification number (PTIN), • If an individual is the owner of a Single Member LLC FEIN, or SSN, address, and phone number. If you need to (SMLLC) that has not elected to be treated as a designate more than one POA for the tax matter(s) listed corporation and the individual is authorizing the listed on this form, complete and attach Form IL-2848-A. POA to represent the SMLLC for Income Tax, then you • Check this box to authorize IDOR to send duplicate copies must list the individual’s legal name and full SSN. If you of notices to the POA listed above. This is to be completed are trying to authorize your POA to represent your SMLLC if you wish to allow IDOR to send copies of notices to the for taxes other than Income Tax (e.g., Withholding Income POA whose information is listed in Step 2. IDOR will only Tax or Sales and Use Tax) or if the SMLLC has elected send notices to the POA listed in this step. POAs listed on to be treated as a corporation, a Form IL-2848 for the Form IL-2848-A will not be notified. Page 2 of 4 IL-2848 Instructions (R-09/22) |
Enlarge image | • Any POA who is an attorney, CPA, or enrolled agent must Authority box. You must check the Full Authority box if you complete the required signature section in this Step. If want this Power of Attorney to cover all tax types, form you are submitting Form IL-2848-A to list multiple POAs, types, or notices. the signature section for each attorney, CPA, or enrolled Years/Periods/Audit ID: agent must be completed. If the Other box is checked in • You must list tax years, periods, or Audit ID on the line either Step 2 of Form IL-2848 or in any section of Form provided. You can list a single year or period or a range IL-2848-A, Step 6 must be completed. of years or periods, or you can list “All” years or periods. Note: In order to represent the taxpayer before IDOR in an If an Audit ID is listed, the Form IL-2848 will cover all administrative hearing or before the Illinois Independent Tax periods in the current audit, including any expansion. Tribunal, the POA must be an attorney and must sign this • If you are completing this form for a notice of personal declaration. tax liability, 1002-D notice of deficiency assessment, or a Step 3: Authority Granted transfer of assets, do not list a tax year or period. There are two types of authority that may be granted using Check Box: Check this box if the POA listed in Step 2 is not this form. Check the applicable box that indicates the type of authorized to sign tax returns. authority you wish to grant. Step 4: Authorized Agent/Fiduciary • Full Authority: This designation grants the POA to act If you checked the box in Step 1 indicating that this Form on your behalf in all tax matters with IDOR. Full authority IL-2848 is being completed by an authorized agent or allows the POA to perform any act that a taxpayer may fiduciary this step must be completed along with any other perform himself or herself, including having the authority required steps.Follow the instructions for the type of entity to receive and discuss confidential tax information with that is completing this form. IDOR. Do not check Full Authority if the POA’s powers Individual should be limited. Instead, check Limited Authority. If both • You must be the taxpayer or have fiduciary authority to boxes are checked, the Full Authority designation will be execute Form IL-2848. If the taxpayer is a minor child, accepted over the Limited Authority. then a parent or legal guardian may execute Form • Limited Authority: This designation grants the POA to IL-2848. act on your behalf for specific tax types, periods, and/or • If you are not the taxpayer or if you are not the parent duties. You may check more than one tax type, form type, or legal guardian of a minor child, you must attach or notice in the boxes provided. You also must list the satisfactory evidence of authority to execute Form applicable tax years, filing periods, or Audit ID. If an Audit IL-2848. Satisfactory evidence includes, but is not limited ID is listed, the completed Form IL-2848 will cover all to, a small estate affidavit, a will, or a court order. periods in the audit, including any expansion. If you need • If you are not the taxpayer but need to designate yourself more space for the tax matters you want to list, write “See as power of attorney because of the taxpayer’s death attached” and include an attachment with Form IL-2848, or other legal disability, or if you have been designated listing the applicable tax types, tax forms, or other by the courts as power of attorney, do not complete this notifications and the tax years, filing periods, or Audit ID form. Instead complete Form IL-56, Notice of Fiduciary for which this authorization applies. If your designation is Relationship. vague or unclear, an IDOR representative may contact you to confirm what matters are covered under your Corporation, partnership, not-for-profit organization, appointment, and in some instances, you may be required governmental unit, or limited liability company to submit a new Form IL-2848. • To execute Form IL-2848, you must be an owner, Tax Types: officer, member, or partner listed in IDOR’s registration information about the organization. • Check the appropriate box(es) to designate a POA for a particular tax type listed on Form IL-2848 for which the • If you are not currently listed, you can update the authorization applies. organization’s registration information using MyTax Illinois, available on IDOR’s website at tax.illinois.gov, • Specific Authority Granted - If you want to grant your or you can complete Form REG-1-O, Owner and Officer POA the authority to represent you for any special issues Information. Contact our Central Registration Division or grant specific powers as listed on Form IL-2848-B, at 217 785-3707 for more information on updating your Specific Authority Granted, check this box, complete Form business registration. IL-2848-B, and attach it to your Form IL-2848. Estate or Trust • If you are completing this form for a notice of personal tax • The executor of an estate or trustee of a trust must sign, liability (NPL) or 1002-D notice of deficiency assessment, print his or her name, list his or her title, enter the date, then check the NPL/1002D box. and attach satisfactory evidence of his or her authority to • If you are completing this form for a transfer of execute Form IL-2848. Satisfactory evidence of authority assets, then list “Transfer of Assets (TOA).” If you are includes, but is not limited to, a small estate affidavit, a completing this form for an administrative hearing, then will, or a court order. list “Revocation” or the name of the notice and letter identification number that the hearing regards. Step 5: Signature (Required) • If you want this power of attorney designation to cover all To be valid, this power of attorney must be signed and dated tax types, form types, or notices, do not check the Limited by the taxpayer listed in Step 1 or the authorized agent or fiduciary listed in Step 4. IL-2848 Instructions (R-09/22) Page 3 of 4 |
Enlarge image | If you are submitting this power of attorney in connection with a joint return and you and your spouse or former spouse are authorizing the same POA, your spouse or former spouse must sign on the line provided. Otherwise, only the taxpayer, authorized agent, or fiduciary’s signature is required. Note: If you checked the Other box in Step 2, do not sign this form until you are in the presence of two witnesses or a notary public so they may complete Step 6. Step 6: Witness (If applicable) If you checked the Other box in Step 2, Step 6 must be completed in the presence of two witnesses or a notary public. Check the applicable box to indicate whether signing was made in the presence of the two disinterested witnesses or before a notary public. If this section is completed, it must be witnessed or notarized for the form to be considered complete. Note: If the signature dates of the witnesses do not match the taxpayer’s signature date or if the notary public’s signature date does not match the taxpayer’s signature date, you will be required to submit a new Form IL-2848. Form IL-2848-A Instructions General Information - Specific Instructions - Form IL-2848-A, Power of Attorney Additional Information, • Enter, on the line provided, the attachment number, is used if more than one POA is needed for the specific tax starting with “1”. The first Form IL-2848-A should be information and period shown on Form IL-2848. numbered “1”, the second one should be numbered “2”, etc. Each Form IL-2848-A should have a different number. • Enter the taxpayer name and Account ID. This information must match the information on Form IL-2848, Step 1. • Enter the Power of Attorney information for each additional POA using the Form IL-2848, Step 2, instructions. Complete as many additional Power of Attorney information sections as needed. Form IL-2848-B Instructions General Information - Specific Instructions - Form IL-2848-B, Power of Attorney Specific Authority Granted, • Check the box(es) of the specific authority you want to is used to grant your POA the authority to represent you for grant your POA. Only the box(es) check will be actions any special issues or grant specific powers. your POA may perform for you. • In the Details section, list tax type and form type, if known, and the Letter ID of any appropriate notices. If you are completing this form for a transfer of assets, then list “Transfer of Assets (TOA).” If you are completing this form for an administrative hearing, then list “Revocation” or the name of the notice and letter identification number that the hearing regards. Page 4 of 4 Printed by the authority of the State of Illinois. Web only, 1 copy IL-2848 Instructions (R-09/22) |