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21.3.7  Processing Third Party Authorizations onto the Centralized Authorization File (CAF)

21.3.7.1  (10-01-2008)
Third Party Authorization Overview

  1. This provides an overview of the Internal Revenue Service (IRS) Centralized Authorization File (CAF) Program.

21.3.7.1.1  (04-17-2009)
What is a Third Party Authorization?

  1. A third party authorization is a signed document and/or an oral statement made, by a taxpayer, granting a third party the authority to perform specified acts on behalf of the taxpayer. Third party authorizations include a Form 2848, Power of Attorney and Declaration of Representative, Form 8821, Tax Information Authorization, non-written tax information authorization, Oral Disclosure Consent, Third Party Designee (aka Checkbox), Estate Tax Return Power of Attorney, or an e-services Disclosure Authorization.

  2. The Checkbox election is made directly on the tax form. Checkbox authority:

    • does not allow a designee to represent the taxpayer.

    • is not recorded on the CAF.

    • is recorded directly to the taxpayers account,.

    • mirrors Form 8821 authority.

    • allows the designee to provide or receive information on any issue in connection with the tax period covered by the return on which the designation was made for a period not to exceed one year.

    • allows the designee to receive written account information/transcripts upon request for a period not to exceed one year.

    • is available on Forms 720, 941, 941PR, 941SS, 1040, 1041, 1120, 2290 and CT-1

    • can co-exist with a power of attorney for the same tax period.

      Note:

      If the taxpayer uses the checkbox authority on an original return to designate a person to receive return information, the designee's authority also extends to any amended return filed with respect to that return, provided the request for the return or return information is made by the designee within one year from the date the original return was due without regard to any extension of time. This includes Business Master File (BMF) returns which, only carry the checkbox authority.

  3. The terms "recognized representative" or "representative" refer to an individual who the taxpayer has authorized to represent the taxpayer before the IRS on a valid Form 2848, Power of Attorney and Declaration of Representative. The term "appointee" refers to a person to whom the taxpayer has consented to the disclosure of return or return information on a valid Form 8821, Tax Information Authorization. The term "designee" refers to a person to whom the taxpayer has consented to the disclosure of return or return information through an "Oral Disclosure Consent (ODC)" terminology or Checkbox election on the tax return.

  4. More information on disclosures may be found in IRM 11.3.1Introduction to Disclosure. IRM 11.3.2Disclosure to Persons with a Material Interest, and IRM 11.3.3. IRM 21.1.3, Operational Guidelines Overview, contains guidelines for preventing unauthorized disclosures when assisting taxpayers and third parties.

  5. For information on powers of attorney, see IRS Publication 947, Practice Before the IRS and Powers of Attorney, Treasury Department Circular No. 230 Regulations Governing the Practice of Attorneys, Certified Public Accountants, Enrolled Agents, Enrolled Actuaries, Low Income Tax Clinics and Appraisers Before the IRS, and Publication 216, The Conference and Practice Requirements, 26 CFR, Part 601.

  6. In limited circumstances and under certain conditions, an individual preparer of tax returns may practice before the IRS without enrollment. Revenue Procedure 81-38 prescribes the standards of conduct, the scope of authority, and the circumstances and conditions under which an individual preparer of tax returns may exercise the privilege of limited practice without enrollment. Subpart E, Publication 470, Limited Practice Without Enrollment, contains information pertaining to unenrolled return preparers.

    Note:

    Unlike other Powers of Attorney, an unenrolled return preparer cannot submit Form 2848 for future years. The CAF, therefore, cannot record future period(s) for any individual with an H designation on a Form 2848, although the CAF will record future period(s) for these persons if appointed on a Tax Information Authorization.

  7. More than one person can be designated on a Tax Information Authorization.

21.3.7.1.2  (08-25-2009)
The Centralized Authorization File

  1. Authorization information pertaining to most federal tax matters is maintained on the CAF. . IDRS provides nationwide access to CAF information. See IRM 2.3, IDRS Terminal Responses, and IRM 2.4,IDRS Terminal Input. Refer to Document 6209, IRS Processing Codes and Information, when researching issues such as Master File (MF) tax codes and filing requirements.

  2. The CAF contains:

    • Minimal taxpayer information (name and Taxpayer Information Number). Taxpayer address and phone information are not recorded on the CAF.

    • Third party name, address, telephone number, fax number, types of authorization levels, CAF status information. .

    • A summary of the types of tax form and tax period(s). .

  3. The CAF maintains an electronic record of an authorization. An authorization which has already been recorded on the CAF may be updated at any time. The authorization must contain current dated signatures from both the taxpayer(s) and their representative(s) to evidence current intent.

  4. The maximum number of third party representatives that may be recorded on the CAF per tax module is 50. Capacity was expanded to accommodate large corporations. A maximum of 2 third parties can be designated to receive notices; however, only one representative may receive refunds per tax module.

    Note:

    Although a taxpayer may authorize a representative to receive a refund check, the representative may not negotiate the refund check.

  5. The CAF database accepts up to three future years. Compute this by adding three future years to the current calendar year.

    Note:

    For eligible periods for recording onto the CAF, go to December 31 of the year of processing and add three years. For example, process date is January 15, 2010. Taken to December 31 and adding three years is December 31, 2013. In this example, all tax periods ending December 31, 2013 or prior can be recorded to CAF.

  6. Authorizations submitted electronically through Disclosure Authorization (DA) are processed and posted directly onto the CAF database and require no manual process. DA will:

    • Allow only complete authorizations to be transmitted to the CAF.

    • Prompt the user when required fields are blank.

    • Allow only 1 representative on Form 2848, Power of Attorney and Declaration of Representative, to receive a refund.

      Note:

      Although a taxpayer may authorize a representative to receive a refund check, the representative may not negotiate the refund check.

    • Allow only 2 third parties to receive copies of notices.

    • Prompt the user to submit a paper Form 2848, Power of Attorney and Declaration of Representative, or Form 8821, Tax Information Authorization, when special circumstances apply, i.e., the authorized acts are modified.

    • Prompts the user to print and fax or mail the Form 2848 if Designation H, Unenrolled Return Preparer, is listed because it requires special handling. The prompt also provides the CAF Function fax numbers as well as instructions for mailing. .

21.3.7.1.3  (08-25-2009)
CAF Number Overview

  1. An identifying number is assigned to each third party for whom a CAF record is established. CAF numbers are unique numbers; different from the third party's TIN (Taxpayer Identification Number) or EIN (Employer Identification Number). .

  2. A third party can request multiple CAF numbers in order to differentiate between multiple office addresses. The Second Name Line may be used to indicate "Location 1" , "Location 2" , etc.

  3. Requests for multiple locations or CAF numbers must be received as separate correspondence. The request must be in writing and contain:

    • Third party name, name variations and aliases

    • Existing CAF numbers and corresponding address(es)

    • A request for additional CAF number(s) and corresponding address(es)

    • A third party dated signature

    Note:

    When assigning a new CAF number from correspondence, a new Source Document Locator Number (SDLN) will be created for each CAF number. The SDLN will be placed on the correspondence and filed with regular block of work.

  4. A third party can also request multiple CAF numbers in order to differentiate between related entities, e.g., "John Smith" versus "The Firm of John Smith" and/or "the Firm of John Smith" . Care must be exercised in distinguishing between the CAF number for the individual and CAF numbers for the business entities.

    Note:

    When assigning CAF numbers, DO NOT enter titles in the suffix field. (i.e. Atty, CPA, Unenrolled, EA, etc.)

21.3.7.1.4  (10-01-2008)
Authorizations Recorded on the CAF

  1. Authorizations recorded on the CAF are generally submitted on Form 2848, Power of Attorney and Declaration of Representative, Form 706, U.S. Estate Tax Return, and Form 8821,Tax Information Authorization. Form 2848, Power of Attorney and Declaration of Representative, and Form 8821, Tax Information Authorization, can be processed directly to the CAF by qualifying representatives via the Internet using the Disclosure Authorization (DA) program.

  2. When authorizations are submitted to the CAF Functions for recording to the CAF database, CAF examiners must ensure all essential elements to an authorization are present and conduct complete research prior to processing.

  3. CAF examiners do not verify the credentials or practice status of the party listed as a representative on Form 2848. The Office of Professional Responsibility determines credentials and practice status.

    Note:

    If the TE identifies suspicious information, refer to the Manager or Technical Lead to determine if the form should be processed, rejected or referred to TIGTA, CI or OPR.

21.3.7.1.5  (10-01-2008)
Authorizations Not Recorded on the CAF

  1. Authorizations not processed to the CAF include but are not limited to:

    • Checkbox Authority

    • Form 8655

    • CP 2000

  2. For more information on authorizations not processed to the CAF database refer to IRM 21.3.7.9.15 Specific Use Authorizations.

21.3.7.1.6  (08-25-2009)
CAF Processing Sites (CAF Function)

  1. The processing of all Domestic third party authorization requests submitted on Form 2848 and/or Form 8821 are centralized in two W&I sites, Ogden Accounts Management Campus (OAMC) and Memphis Accounts Management Campus (MAMC), with International processing in Philadelphia Accounts Management Campus (PAMC).

  2. The public is advised to submit authorizations to the CAF Functions per state mapping which follows the state mapping table below for domestic authorizations.

    Note:

    All International Form(s) 2848/8821 will be forwarded to Philadelphia Accounts Management Campus (PAMC). This will include all APO and FPO addresses, American Samoa, Guam, the Virgin Islands, Puerto Rico, a foreign countryo, U.S. citizens residing abroad and those filing Form 2555, 2555–EZ, or 4563. Additional ways to identify an International authorization can be determined by the following:

    • Form 2848/8821 - The taxpayer may have a foreign address and the representative may have a domestic address. If Line 3, tax matters indicates Form 1040NR with a W-7 , this will be routed to International CAF Function in Philadelphia.

    • Form 2848/8821 - The taxpayer may have the same domestic address as their representative. If Line 3, tax matters indicates Form 1040NR with a W-7 or 1040A, with a W-7 issue, this will be routed to International CAF Function in Philadelphia.

    • Form 2848/8821 with indicate an ITIN number for the taxpayer(s).

  3. IRS employees, outside the CAF function, will fax valid authorizations to the CAF functions within 24 hours of receipt within the function according to the table listed below. For PPS assistors, after researching CC CFINK to determine if the practitioner has authorization on the CAF database and it is determined that the authorization is not recorded onto the CAF, annotate " PPS" on the authorization(s) before faxing to the appropriate CAF Function.

    State OAMC CAF Unit MAMC CAF Unit
    Alabama   X
    Alaska X  
    Arizona X  
    Arkansas   X
    California X  
    Colorado X  
    Connecticut   X
    Delaware   X
    District of Columbia   X
    Florida   X
    Georgia   X
    Hawaii X  
    Idaho X  
    Illinois   X
    Indiana   X
    Iowa X  
    Kansas X  
    Kentucky   X
    Louisiana   X
    Maine   X
    Maryland   X
    Massachusetts   X
    Michigan   X
    Minnesota X  
    Mississippi   X
    Missouri X  
    Montana X  
    Nebraska X  
    Nevada X  
    New Hampshire   X
    New Jersey   X
    New Mexico X  
    New York   X
    North Carolina   X
    North Dakota X  
    Ohio   X
    Oklahoma X  
    Oregon X  
    Pennsylvania   X
    Rhode Island   X
    South Carolina   X
    South Dakota X  
    Tennessee   X
    Texas X  
    Utah X  
    Vermont   X
    Virginia   X
    Washington X  
    West Virginia   X
    Wisconsin X  
    Wyoming X  

  4. CAF Unit addresses and fax numbers are:

    1. Memphis Address:
      Internal Revenue Service
      PO Box 268, Stop 8423
      Memphis, TN 38101-0268
      Fax number 901-546-4115

    2. Ogden Address
      Internal Revenue Service
      1973 N Rulon White Blvd. MS 6737
      Ogden, UT 84404
      Fax number 801-620-4249

    3. Philadelphia
      Internal Revenue Service
      International CAF DP: SW-311
      11601 Roosevelt Blvd.
      Philadelphia, PA 19255
      Fax number 215-516-1017

  5. The CAF function that receives the authorization is responsible for processing to the CAF, regardless of the state mapping. EXCEPTION: All International Forms 2848 or Forms 8821 received in Ogden or Memphis must be forwarded to the Philadelphia CAF Function via fax, 215-516-1017 or mail to the address above.

21.3.7.1.7  (10-01-2008)
Processing Time Frames

  1. Receipts received in the CAF Functions are processed as stated below: (excluding weekends and holidays):

    • 24 hours from receipt in the CAF Function for priority faxes originating from Practitioner Priority Services (PPS), the Taxpayer Advocate Service (TAS), and large corporations

    • 2 business days from receipt in the CAF Function for all other fax receipts

    • 5 business days from receipt in the CAF Function for mail and routed receipts with day received counted as day zero

    • Immediate process for Oral Tax Information Authorization (OTIA) requests

    • Immediate posting occurs for authorizations successfully transmitted through DA

    • 15 days from receipt in the CAF Function for International Bulk Receipts.

  2. All submissions must, at minimum, evidence the date of receipt whether automated or manually date-stamped. For International Bulk receipts received in the hundreds to thousands cannot be automated or manually date stamped due to the volume of receipts received at one time. See IRM 21.3.7.8.4(1) Processing Bulk Shipments.

  3. When fax receipts are date and time stamped by the fax machine, no further action is required to evidence receipt. Otherwise fax receipts, received before 2:00 p.m. local time, are considered received on the current date. Documents received after 2:00 p.m. local time, are considered received the next day.

  4. When unusual circumstances arise, e.g., bulk receipts in significant volumes (e.g., over 100 receipts from any one source or operation), or which result from systemic disruption (IDRS or CAF "down cycles" or "mini-peak " periods), priority is given to backlogged work. CAF Function Management will consider program demands and available resources, and determine what is a reasonable period of time in which to accomplish the necessary actions. If processing exceeds 10 additional business days beyond the normal processing time frame, Headquarters Analysts are contacted for potential re-routing of work.

21.3.7.1.8  (08-25-2009)
Filing and Maintaining Third Party Authorizations

  1. Send authorization forms to C-Site in Kansas City after all actions are taken and the authorization is processed to the CAF.

  2. It is necessary to send the following types of documents for attachment to the original SDLN (Source Document Locator Number) after the requested action is taken, such as:

    • Revocations

    • Deletions

    • Suspension

    • Disbarment

    • Undeliverable

  3. Authorizations are maintained in SDLN sequence, at the C-Site in Kansas City. The documents are filed in numerical order by purge year (15, 16, etc.) which are the first two-digits of the SDLN number.

    Note:

    The exceptions are the filing of OTIA and DA transmitted authorizations where the authorization is maintained electronically until purged or terminated.

  4. When submitting records to the C-Site in Kansas City, a Form 3210 must be completed which will include the volume and SDLN of each file in the box.

  5. OTIA and DA revocations require a CAF screen print of the original authorization.

  6. Other correspondence, e.g., address change for the third party, require actions to update information on the CAF. Once completed, assign new SDLN and attach to the original document.

  7. A practitioner who is updating the address that he/she uses on the CAF is not required to complete a new Form 2848 , although the correspondence request for the update should include the signature of the practitioner.

  8. Authorizations for a Blind Trust are filed separately at the C-Site in Kansas City. Indicate clearly on the authorization that it is for a Blind Trust, so that the C-Site in Kansas City can store it separately.

  9. Authorizations for Form 706, U.S. Estate Tax Return, tax matters are maintained separately at the C-Site in Kansas City. Indicate clearly on the authorization that it is for a Document 706, U.S. Estate Tax Return, issue so that C-Site in Kansas City can store it separately.

  10. If shipping by UPS the mailing address for the C-Site is:
    335 GeoSpace Drive
    Idependence Mo., 64056

  11. If not using a trucking/carrier service and sending records using the U. S. Postal Service, mail to:
    IRS
    333 W. Pershing Rd. Stop 6700CV
    Attention: C-Site
    Kansas City, MO 64108

  12. Emergency requests may be faxed directly to the C-Site, i.e. Court cases, PRP cases, etc. The fax number is (816) 257–0041.

21.3.7.1.9  (10-01-2008)
Related IRMs and Other References

  1. See IRM 2.3, IDRS Terminal Responses,IRM 2.4, IDRS Terminal Input, and IRM 21.1.2.4.2, Unpostable IRMs, for information regarding the mechanics for completing certain actions. Reference Document 6209, IRS Processing Codes and Information, when researching issues such as Master File tax codes, filing requirements, etc.

  2. For representative authentication over the phone refer to IRM 21.3.10.2 Authentication and Disclosure Guidelines for practitioner authentication.

21.3.7.1.10  (10-01-2008)
e-Services Disclosure Authorization

  1. Form 2848, Power of Attorney and Declaration of Representative, and Form 8821, Tax Information Authorization, can be processed directly to the CAF by qualifying representatives via the Internet using the Disclosure Authorization (DA) program.

  2. There are three types of practitioners who qualify for Disclosure Authorization through e-Services. They are:

    • Attorney - Any person who is a member in good standing of the bar of the highest court of any State, territory, or possession of the United States, including a Commonwealth or the District of Columbia.

    • Certified Public Accountant (CPA) - Any person who is duly qualified to practice as a certified public accountant in any State, territory, or possession of the United States, including a Commonwealth, or the District of Columbia.

    • Enrolled Agent - Any person who has earned the privilege of practicing or representing taxpayers before the Internal Revenue Service. Enrolled agents, like attorneys and certified public accountants (CPAs), are unrestricted as to which taxpayers they can represent, what types of tax matters they can handle, and before which IRS offices they can practice.

    Note:

    Eligible tax professionals may electronically submit Form 2848, Power of Attorney and Declaration of Representative; and Form 8821, Tax Information Authorization as well as view and modify existing forms online. Disclosure Authorization allows tax professionals to expedite processing and issues a real-time acknowledgement of accepted submissions. These authorizations completed through DA, the record is immediately available on the CAF database by accessing CC CFINK. Form 8655, Reporting Agent Authorization for Magnetic Tape/Electronic Filers, may not be submitted using Disclosure Authorization. Tax professionals may contact the e-help Desk at 866-255-0654. Refer International callers to 512-416-7750 for assistance.

21.3.7.2  (10-01-2008)
Research Guidelines

  1. The following section provides research guidance for processing CAF authorizations.

21.3.7.2.1  (10-01-2008)
CAF Research

  1. Complete research assists in preventing unpostable transactions and ensures proper information is sent to the taxpayer's Master File account.

  2. The following sections describe "strings " or sequences of research Command Codes required prior to the processing of data.

21.3.7.2.2  (04-17-2009)
Taxpayer Research

  1. Research is conducted to assist in perfecting an authorization for processing. Research must be conclusive or the authorization is rejected.

  2. Use Command Code (CC) CFINK to determine if the authorization is already on file to avoid duplicate processing.

  3. If the taxpayer's TIN is not on the authorization, use the following Command Codes (CC):

    • NAMES/NAMEI - queries the National Accounts Profile (NAP) for name and address data, to determine the TIN when the authorization is for individual taxpayers. Either the primary or secondary taxpayer's name can be used.

    • NAMEE/NAMEB- queries the NAP for name and address data, to determine TIN when authorization is for business taxpayers including employee plans.

  4. For ITIN numbers, research both sides of the validity of the Master File.

    Example:

    If the ITIN number is 900–00–0000 need to research using CC INOLES with 900–00–0000* asterik (*) at the end of the ITIN number (invalid side of Master File) and also 900–00–0000 (valid side of the Master File) before processing to the CAF.

  5. If the authorization has a EIN but is missing other taxpayer entity information, verify the name control, filing requirements and fiscal year month (FYM) and/or name line, using the following CCs:

    • INOLE/BMFOLE & IMFOLE - displays Master File entity data. The CC definer determines the kind of data requested. If the primary TIN is unknown, research can be completed using the secondary TIN when the request is for a joint filed return.

    • ENMOD - if the account is on IDRS, use this CC to verify existing CAF indicator code.

    • INOLEP - displays plan numbers and filing requirements for Form 5500. If the filing requirements indicator is blank, there is no filing requirement. Letters "X" , "Z" or "T" confirm filing requirements exist.

    • EMFOLI - displays the plan number, the year and document locator number of filed returns.

  6. IMF/BMF account research CC string includes:

    • INOLES - verifies taxpayer name, entity, and filing status (IMF only) information. FYM (Fiscal Year Month) (BMF only).

      Note:

      On occasion you will come across a taxpayer with no first name. Input NFN (No First Name) in the first name line. It will allow processing to go through.

    • IMFOLI/BMFOLI - identifies tax periods with filings.

  7. Research using CC INOLE and ENMOD for cross reference Employer Identification Number (EIN) when Business Master File (BMF) MFTs are requested.

21.3.7.2.3  (10-01-2008)
Third Party Research

  1. Use Command Code (CC) RPINK to research a third party's record by name.

  2. Use CC CFINK to research a third party's CAF number provided on authorization to ensure correct CAF number.

21.3.7.3  (10-01-2008)
Representative CAF Number Processing

  1. This section provides guidelines for CAF number processing.

21.3.7.3.1  (10-01-2008)
Assigning CAF Numbers

  1. Prior to assigning a CAF number to a third party, ensure a CAF number is not already assigned by researching Command Code (CC) RPINK using the third party's name. By completing research, you will ensure not to assign a number in error and will lessen the amount of CAF number merges to be performed.

  2. If a name matches the representative but the address is different, call the representative and verify whether or not the CAF number is theirs.

  3. If a CAF number does not exist, add the third party and assign a CAF number by taking the following actions:

    1. Input CC RPINK.

    2. Input CC FRM3P to initiate the ADD3P screen.

    3. Enter required third party data.

    4. A message will be returned "Representative Added NNNN-NNNNNR."

    Note:

    When assigning CAF numbers DO NOT enter titles in the suffix field. (i.e. Atty, CPA, Unenrolled, EA, etc).

  4. There are certain rules which apply to assigning CAF numbers:

    • You cannot change a CAF number to one that already exists (belongs to another third party). Error message "CAF NUMBER ALREADY EXISTS" displays.

    • The CAF number is systematically generated using a 2- digit combination of (03) for all three CAF Functions.

    • The number you are changing cannot be greater than that most recently assigned by the system (ADD3P). If it is, you receive error message, "NEW CAF NUMBER IS GREATER THAN LAST ASSIGNED CAF NUMBER" .

      Note:

      If a CAF number is assigned in error, use Letter 1727C, Power of Attorney Representative Number, or other applicable correspondence to inform the third party that a CAF number has been assigned to them in error.

    • When a new CAF number is being assigned in the field on the ADD3P IDRS screen, the SDLN number must be entered along with the signature date for tracking purposes.

21.3.7.3.2  (08-25-2009)
Providing Lost/Forgotten CAF Numbers

  1. CAF function may provide a third party with their assigned CAF number upon request. After authenticating the identity of the third party using CC RPINK and verifying at least two elements of the third party record, e.g., name, address or phone, the CAF examiner may disclose the third party's CAF number either by phone, fax or Letter 1727C, Power of Attorney Representative Number. For information on observing Faxing precautions see IRM 11.3.1.10 Facsimile Transmission of Tax Information. . See

  2. If the correct CAF number can't be identified through research, reject back to the representative for clarification.

21.3.7.3.3  (04-17-2009)
Merging Multiple CAF Numbers

  1. All CAF merges will only be performed by technical leads. CAF merges will only be performed if you receive direct contact from the representative and the request must be in writing from the representative. All CAF merge requests must be approved through Headquarters. Fax the merge request to 202.283.7434 or 215.516.2892 for the approval.

  2. The following information is required by Headquarters to approve a CAF Merge:

    • An RPINK of the representative.

    • A copy of the letter from the representative requesting the merge.

    • Any notices or letters that were attached to the request for a merge.

    • A copy of the Form 2848 attached to the merge request.

  3. Once approved, Headquarter's will fax back the approval to the initiator. Only technical leads will use CC UPNCF to conduct the approved CAF merges.

  4. If multiple CAF numbers are identified for the same representative, make contact with the representative to verify that the numbers should be merged. The representative/appointee must submit correspondence along with any CP 547 notices requesting the consolidation of the number they want to merge and the number they wish to keep on record.

  5. Keep a file of the approved Headquarter's approval of merges.

  6. Use Letter 1727C, Power of Attorney Representative Number, to inform the third party of the correct CAF number, or you may advise the third party by phone or fax.

  7. The CAF Team receiving the request completes the appropriate consolidating actions:

    1. Input CC CFINK, CAF number and press <PG UP> or <Page Up> key to transmit. Research CC RPINK if number is not known.

    2. Input CC KAFRMN for merging CAF numbers when name controls match and press <PG UP> or <Page Up>key to transmit.

    3. CC UPNCF is received.

    4. Put the name control and CAF number you want to keep and press transmit.

    Note:

    Both name controls must match in order to complete the merge. If they do not match, use CC KAFRMR to fix the incorrect name.

21.3.7.3.4  (10-01-2008)
Restoring/Correcting Merged CAF Numbers

  1. The restoring or correcting of merged CAF numbers will only be completed by the CAF Technical Leads.

  2. Input CC CFINK, CAF number and press <PG UP> or <Page Up>key to transmit.

  3. Input CC KAFRMR and press <PG UP> or <Page Up>key to transmit.

  4. CC UPRCF is received.

  5. Enter the desired CAF number in the appropriate field at the bottom of the screen.

  6. There are certain rules which apply to merging off CAF numbers:

    1. You cannot change a CAF number to one that already exists (belongs to another third party). Error message "NEW CAF NUMBER ALREADY EXISTS" displays.

    2. The number you are changing cannot be greater than that most recently assigned by the system (ADD3P). If it is, you receive error message, "NEW CAF NUMBER IS GREATER THAN LAST ASSIGNED CAF NUMBER."

21.3.7.4  (10-01-2008)
CAF Updates - Taxpayer and Third Party Records

  1. This section provides guidelines for updating and correcting CAF records.

21.3.7.4.1  (10-01-2008)
Taxpayer Record Updates

  1. Only when correspondence clearly indicates a taxpayer name change:

    1. Input CC CFINK with TIN and press <PG UP> or <Page Up>key to transmit.

    2. Input CC KAFRMT and press <PG UP> or <Page Up>key to transmit.

    3. CC UPTCF is received. Verify name control information and overlay fields with updated information (e.g., name control, etc.).

    4. Press <PG UP> or <Page Up>key to transmit after SDLN field.

    Note:

    The actions outlined above change the taxpayer's name only on the CAF record. If the taxpayer wishes to change his/her name or address of record with the IRS, he/she must complete and submit Form 8822, Change of Address.

  2. If the taxpayer name on INOLE is spelled incorrectly, make a copy of the form and route the copy to Entity. Attach a copy of Form 2848, Power of Attorney and Declaration of Representative, to the printed INOLE screen.

21.3.7.4.2  (10-01-2008)
Third Party Record Updates

  1. A representative/appointee who is updating the address that he/she uses on the CAF may, but is not required to, complete a new Form 2848 or obtain the signature of his/her clients. Representative addresses, telephone, or fax numbers will be updated in the following situations:

    • The "Check if new" box for address, telephone number or fax number is marked on line 2 of Form 2848, Power of Attorney and Declaration of Representative, or Form 8821, Tax Information Authorization.

    • Signed and dated correspondence is received specifically requesting a change to the third party address.

    • Representative calls the POA telephone help line and can fax a signed and dated request.

    Note:

    If a signed and dated document is received to update the representatives information on the CAF and the original 2848/8821 or 706 have been retired, create a new SDLN using the document and send to files.

  2. To update the representative address, telephone or fax number take the following actions:

    1. Input CC CFINK with CAF number and press <PG UP> or <Page Up>key to transmit. Research CC RPINK if number is not known.

    2. Input CC KAFRMR and press <PG UP> or <Page Up>key to transmit.

    3. CC UPRCF is received. Overlay appropriate fields with correct information.

    4. Press <PG UP> or <Page Up>key to transmit after Source Document Locator Number (SDLN) and date field.

21.3.7.4.3  (08-25-2009)
Correcting CAF Designations

  1. Effective March 1, 2005, an Area Return Preparer Coordinator (RPC), the Office of Professional Responsibility, or the Headquarters Analyst may request designation level changes specific to a recorded authorization.

  2. The Area RPC investigates all Form 2848, Power of Attorney and Declaration of Representative, where the third party’s claimed status is in question. If you need to make a referral to the RPC, locate your area coordinator at http://sbse.web.irs.gov/EPD/PSP/Preparer/RPClist.htm.

  3. Requests from Area Return Preparer Coordinators may be routed, faxed, or sent through secured e-mail to the Memphis CAF Unit for resolution.

  4. The change in authorization level is not a revocation, withdrawal or deletion. CAF Teams do not provide notice of authorization level changes.

  5. The request, once completed, is sent to the C-Site in Kansas City for association with the original authorization.

  6. When a Notice of Unacceptable CAF Record - Designation Level Change request is received from the RPC, it will contain the following information:

    • Request for use by Return Preparer Coordinator, Office of Professional Responsibility or Headquarters date.

    • SDLN number of authorization.

    • Taxpayer Name and TIN/EIN.

    • Name and address of Third Party.

    • CAF number of the Third Party.

    • Requestor Name

    • Name of Originator telephone number

  7. The Designation Level should be corrected to:

    • A - Attorney - Jurisdiction code.

    • B - Certified Public Accountant (CPA) - Jurisdiction code.

    • C - Enrolled Agent - Enrollment number.

    • D - Bona fide officer of the taxpayer's organization - Title.

    • E - Full-time employee of the taxpayer - Title.

    • F - Member of taxpayer's immediate family - relationship to taxpayer.

    • G - Enrolled Actuary - Enrollment number.

    • H - Unenrolled return preparer - Jurisdiction.

    • K - Student Attorney - Special Orders letter attached.

    • L - Student CPA - Special Orders letter attached.

    • R - Enrolled Retirement Plan Agent - Enrollment number.

21.3.7.5  (10-01-2008)
Form 2848 Power of Attorney and Declaration of Representative

  1. This section provides guidelines for processing Form 2848.

21.3.7.5.1  (10-01-2008)
Form 2848 Overview

  1. Form 2848, Power of Attorney and Declaration of Representative, is a legal document used to authorize an individual to represent a taxpayer before the IRS and authorize the IRS to release confidential tax information to an individual for the account matters(s) specified. Form 2848, Power of Attorney and Declaration of Representative, can only be granted to an individual eligible to practice before the Internal Revenue Service (e.g. Attorney, CPA or Enrolled Agent). For information on Powers of Attorney see IRS Publication 947, Practice Before the IRS and Power of Attorney.

21.3.7.5.2  (08-25-2009)
Essential Elements for Form 2848

  1. Below are the six essential elements of a processable authorization. If an essential element is missing or incomplete, the authorization is invalid. See IRM 21.3.7.14.3., Rejecting Missing/Incomplete Authorizations for procedures. If essential elements 1-5 are not present, the document must be returned to the taxpayer for Domestic authorizations. For International authorizations, the document must be returned to the representative.

  2. If only essential element 6 is not present, the document must be returned to the representative for both Domestic and International authorizations. If information is missing for one or more of the taxpayers or representatives and information is complete for others, timely process the processable taxpayer(s) or representative(s) listed prior to rejecting for the missing information. If a form is only partially processed, notate "Processed" next to the name and address of the taxpayer and/or representative processed.

  3. The essential elements are:

    1. Essential element 1 - Clear identification of the taxpayer, i.e.,, name, address, taxpayer identification number (the presence of two of the three elements is sufficient).

    2. Essential element 2 - Clear identification of the third party, name and address (CAF number is not required).

    3. Essential element 3 - Specific tax matter(s) - type of tax or tax form number.

    4. Essential element 4 - Period(s) IRM 11.3.3.1.1(3)(d), Disclosure to Designees and Practitioners, states when a series of inclusive periods are involved, including quarterly periods, use of the word through, thru, or a hyphen may be used (i.e, 2005 - 2008 would cover 2005, 2006, 2007 and 2008). The use of 'current year, or all years' is not acceptable and must be returned for clarification. All tax periods listed on an authorization are input (whether displayed on CC IMFOL/BMFOL or not).

    5. Essential element 5 - Taxpayer(s) dated signature(s). Electronically signed, printed or stamped signatures are not acceptable.

    6. Essential element 6 - Representative(s) designation, jurisdiction, signature and date. - For multiple representatives listed on the same form, only one signature date is required.

  4. Even though the jurisdiction or enrollment code is not entered to the CAF program, it is an essential element being used by the Office of Professional Responsibility. The representative is required to enter either their state or enrollment number depending on the designation level . There are certain requirements that must be provided. Make one telephone attempt during normal business hours to get the jurisdiction state or enrollment number from the representatives, otherwise send the form back with a letter of explanation.

    • A - Attorney - Must enter two-letter state abbreviation, i.e., "NY" for New York, for which they are admitted to practice.

    • B - Certified Public Accountant (CPA or LPA) - Must enter two-letter state abbreviation, i.e.,"NY" for New York, for which they are licensed to practice.

    • C - Enrolled Agent - Must enter enrollment card number issued by Office of Professional Responsibility.

    • D - Officer - Must enter title of the officer, i.e., President, Vice-President.

    • E - Full-time Employee - Must enter title or position, i.e., Comptroller, Accountant.

    • F - Family member - Must enter relationship to taxpayer, i.e., spouse, parent, child.

    • G - Enrolled Actuary - Must enter the enrollment card number issued by the Joint Board for the Enrollment of Actuaries.

    • H - Unenrolled Return Preparer - Must enter the two-letter state abbreviation, i.e., "NY " for New York.

    • K - Student Attorney - Must enter LITC and attach copy of letter from OPR.

    • L - Student CPA - Must enter STCP and attach copy of letter from OPR.

    • R - Enrolled Retirement Plan Agent - Must enter the enrollment card number issued by OPR.

  5. For business accounts, the signature of the owner/officer and the signatory's title in the organization, is required on Form 2848. This includes Estate and Trust authorizations.

  6. For IMF joint accounts where both signatures are present, only one date is required on Form 2848, Power of Attorney and Declaration of Representative.

  7. A thumbprint or X with a witness signature is acceptable.

21.3.7.5.2.1  (08-25-2009)
Accepting and Processing Forms 2848, 60 Day Rule

  1. When the taxpayer signs and dates the Form 2848 before the representative, the signature dates of the taxpayer's and representative's must be within 45 days for domestic authorizations and within 60 days for authorizations of taxpayers/representatives residing abroad. Exception: If the taxpayer's dated signature is more current than the representative’s signature, the 45 and 60 day rule does not apply.

  2. As long as the signature dates meet the requirement noted above, the Form 2848 may be submitted and processed at any time. If tax matters are listed on Form 2848, Line 3, you may accept and process the Form 2848 since the 60 day rule does not apply in these cases.

  3. The document with most recent taxpayer signature date, whether already processed to the CAF database or just received by fax or mail, is the document that has representational authority for the taxpayer, i.e., a Form 2848 has already been processed to the CAF database with a taxpayer signature date of January 1, 2005; however, another Form 2848 is received with a taxpayer signature date of December 1, 2003. The legal document would be the form with the taxpayer signature date of January 1, 2005 since it is the most recent signature date for the taxpayer.

21.3.7.5.3  (08-25-2009)
Form 2848 Coding and Editing

  1. All employees must stamp each form or correspondence with TE Identification number and date of closing action.

    Note:

    As a result of inventory received in bulk, an exception is given to Philadelphia International CAF.

  2. Annotating the SDLN is always required. The SDLN is a thirteen-digit number entered in the top right margin of the authorization. The SDLN is constructed as follows:

    1. Digits 1 and 2 represent the purge year.

    2. Form 706, U.S. Estate Tax Return, requests: The purge year will be the last two digits of the year of the taxpayer's signature date plus 15 years. Add 15 years to the final two digits of the year in which the taxpayer signs. For example, if the taxpayer’s signature date is 1/1/2009, the purge year will be 24 (09+15=24).

    3. Current and prior tax year/period requests: The purge year will be the year of the IRS received date plus 7. For example, if the IRS received date is 3/26/2009, the purge year will be 16 (the received date year, 09 + 7 =16).

    4. Future tax years/periods requests: The purge year will be the last two digits of the year of the latest future tax year/periods plus 7. For example, if the latest tax year is 2010, the purge year will be 17 (10 + 7 = 17).

      Note:

      Only input up to 3 future years. For example, if the current calendar year is 2009, only input requests through 2012 (09 + 3 = 12).

    5. Digits 3 through 6 represent the control cycle. Use Document 6209, Enterprise Computing Center, MTB Posting Cycle.

    6. Digits 7 and 8 represent the location code. The location codes are listed below.

      Campus Mail and Fax OTIA DA
      MAMC 49 61 or 72 63 or 64
      OAMC 29 82 or 83 92 or 93
      PAMC 28 25 54 or 55

    7. Digits 9 through 11 represent the blocking series. A block consist of 100 documents.

    8. Digits 12-13 represent the document number of the blocking series. The first document begins with 00 and ends with 99 within the same purge year, control cycle, and block number. Once a block of 100 is completed, the next blocking number begins with document 00 and ends with document 99.

    Note:

    Code the authorization once you have determined it is processable. (Coding will be determined by local management).

  3. Name Control (IMF) The first four digits of the taxpayer's last name or (BMF) the first four digits of the business name, as it appears on the authorization, is the name control. If there is a question regarding the name control, use CC INOLE or ENMOD to verify.

  4. Third Party- The third party's address, city, state and zip code must be present. If the street address is not present:

    1. Research using CC RPINK and edit on form.

    2. If more than one address and you are unsure which address to use, contact the third party by phone or fax.

    3. If research and attempts at phone/fax contact do not identify or confirm the third party's address, return the authorization for clarification.

  5. Determine the third party designation and code to the left of the third party name. Below is a quick reference to designation level codes on Form 2848, Part II Declaration of Representative..

    • A - Attorney in good standing

    • B - Certified Public Accountant (CPA) in good standing

    • C - Enrolled Agent

    • D - Bona fide officer of the taxpayer's organization

    • E - Full-time employee of the taxpayer

    • F - Member of taxpayer's immediate family

    • G - Enrolled actuary

    • H - Unenrolled Return Preparer

    • K - Student Attorney

    • L - Student CPA

    • R - Enrolled Retirement Plan Agent

  6. If you receive a Form 2848 for a Form 1040 with Designation Level D checked, Designation Level D is for an bona fide Officer of the taxpayers organization. The Level D Officer cannot represent for just a Form 1040 issue alone. There must be a business issue also and they must provide the title of the officer of the company, i.e. President, Vice President, Secretary, Treasurer, CEO, CFO etc. If the title is not listed on the Form 2848 reject the case back to the representative using the Common CAF Rejection letter and request the title of the representative.

  7. If you receive a Form 2848 for a Form 1040 with Designation Level E checked. Designation Level E is for a full time employee of the taxpayer. The Level E Full Time Employee cannot represent for just a Form 1040 issue alone. There must be a business issue also and they must provide the title or position they hold in the company. i.e comptroller of the company. If the title is not listed on the Form 2848, reject the case back to the representative using the Common CAF Rejection letter and request the title of the representative.

  8. A Designation Level F must specify (in the Jurisdiction column on page 2 of Form 2848) which member of the family the representative is, otherwise return the Form 2848 as an incomplete document. An individual can represent members of his or her immediate family. Immediate family must be one of the following: spouse, child, parent, brother, or sister of the individual. An uncle, aunt, niece or nephew are not considered an immediate family member.

    Caution:

    If a Form 2848 is received with Designation Level F and does not provide the relationship in the Jurisdiction column, for the sole purpose of claiming an individual as a dependent, send the Form 2848 to the Philadelphia International CAF Function for review. This includes cases with either domestic or international addresses and line 3 lists either Form 1040NR or Form 1040A with W-7. Some of these cases may also list the following statement on Line 5 "I give my permission for my representative to claim my child on their Form 1040" .

  9. If you receive a Form 2848 for Form 1040 with Designation Level G the Enrolled Actuary must enter the enrollment card number in the Jurisdiction/Identification column Part II Declaration of Representative. If the enrollment number is not supplied, reject the POA and request the enrollment number.

  10. Licensed Public Accountant

    1. An individual who is duly qualified to practice as a CPA in any State, territory, or possession of the United States or the District of Columbia may represent a person before the IRS unless that individual has been suspended or disbarred from practice before the IRS. In many states, a registered or licensed public accountant (LPA) has the same rights and privileges as a certified public accountant. Thus, an LPA in those states is eligible to practice before the IRS by virtue of their public accountant’s license. The following is a non-exclusive list of states where a LPA has the same rights and privileges as a CPA: Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Idaho, Illinois, Iowa, Kansas, Maine, Michigan, Montana, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, West Virginia.

    2. LPAs from the above states may file a Form 2848 and use CPA designation level "B" . The LPA should, but is not required to, place an asterisk (*) next to the designation level with an explanation that they are an LPA.

    3. Once received in the CAF Function, these cases will be input using the CPA designation level.

      Note:

      If you receive a Form 2848 from another state other than listed above and the LPA is using the CPA "B" Designation contact OPR at (202) 927-3397 for a determination on whether the use of the CPA designation is appropriate.

  11. Form 2848, Power of Attorney and Declaration of Representative, Line 5, Acts Authorized, may limit, or give additional, authority to taxpayer(s)' representatives.

    1. If Form 2848, Line 5, grants any authorization other than signature or delegation, or limits any authorization inherent in the form 2848, code an "M" (Modified) in the left margin next to box 5. For example, on Line 5 the taxpayer notates, I do not want my representative to get transcripts for my account, when ordinarily under tax matters , the representative would be entitled to this. This means that the taxpayer does not want the representative to have authority that the representative would ordinarily get under Line 3, Tax Matters. Otherwise, code a "U" (unmodified) in left margin next to box 5.

      Note:

      : When you reach the KAFAD screen, the UN/MOD field is already automatically populated with a "U" . If you have coded the document with an ""M" ", this is where you would change the "U" to "M" .

    2. If Form 2848, Line 5, grants authority to sign tax returns, code an "S" (Sign) in the left margin beside the representative(s)’ name(s). Do not code an "S" for a third party who is an Unenrolled Return Preparer ( Level H).

    3. If Form 2848, Line 5, grants authority to substitute/delegate authority, code a "D" (Delegate) in the left margin beside the representative(s) name(s). Do not code an "D" for a third party who is an Unenrolled Return Preparer ( Level H).

    4. If, Form 2848, Line 5, grants authority to substitute/delegate authority and the authority to sign tax returns, code both "D" (Delegate) and "S" (Sign) in the left margin beside the representative(s)’ name(s).

    5. If there are multiple representatives listed on the Form 2848 and their authorizations vary, they must be coded accordingly.

      Example:

      There are three representatives on the Form 2848, and Line 5 states all representatives have the authority to sign tax returns, but representative John Smith also has authority to substitute or delegate authority. Representative John Smith will be coded with a "D" (Delegate) and "S" (Sign) while the other two representatives will be coded with S (Sign) only.

      Note:

      Form 2848 is considered an unmodified document "U" even if "S" or "D" is coded.

    6. If a Form 2848, Power of Attorney and Declaration of Representative, contains a combination of representatives with modified and unmodified authorizations, do not input as one document. Take the following actions

    1. Photocopy the authorization. Create separate SDLNs for each document.

    2. Input the representative(s) information having the unmodified authority from one document.

    3. Input the representative(s) information having modified authority from the second document.

  12. If the authorization specifies copies of notices should be sent to a third party, code an "N" (notices) to the left of the third party name and address. A module can carry only two "N" indicators.

    Note:

    Code the notice indicator "N" to the left of the first third party listed if the taxpayer does not designate a third party to receive copies of notices on Form 2848.

  13. If the taxpayer specifies a third party to receive refunds and initials Form 2848, Power of Attorney and Declaration of Representative, line 6, (typed initials are not acceptable), code R (refund) to the left of the third party's name. A module can carry only one R indicator.

21.3.7.5.4  (08-25-2009)
Form 2848 Processing

  1. Line 1 provides taxpayer information. The following provides taxpayer information input:

    1. Enter the taxpayer information stated on Line 1, Form 2848, Power of Attorney and Declaration of Representative.

    2. When the name on the request does not match the name shown on CC INOLE, and proper research determines the SSN is the correct taxpayer, use the name as shown on the request for processing, Use a Y in the Skip TIN/NC CK field to override the name control check against the National Accounts Profile (NAP).

  2. Line 2 provides representative information. Enter representative information as stated on Line 2. However, the representative must be an individual, not a business entity. If the representative has not provided their CAF number ensure complete research by using CC RPINK prior to assigning a CAF number.

  3. Line 3 provides tax matter information. Input the MFT code of the tax form along with the years and/or periods requested.

  4. Line 4 provides Specific Use. See IRM 21.3.7.9.15. for more information on Specific Use Authorizations.

  5. Line 5 provides Acts Authorized information which allows the taxpayer to grant additional authority or limit authority to the representative(s).

  6. Line 6 provides Receipt of Refund check information which allows the taxpayer to grant a recognized representative the authority to receive refund checks on their behalf. The taxpayer must initial and identify the representative to receive their refund check. If a jointly filed Form 2848 both the husband and wife must initial.

    Note:

    Typed initials are not acceptable and the representative cannot endorse or cash a taxpayer refund check.

  7. Line 7 provides notice information.

    1. If neither box a nor b is checked, input the N indicator for the first representative shown on the Form 2848.

    2. If box a is checked, input the N indicator to the first and second representative shown on the Form 2848.

    3. If box b is checked, do not input any indicator.

  8. Line 8 provides retention/revocation information which allows the taxpayer to retain an existing authorization when submitting a new authorization.

    1. If the box on line 8 is not checked, all previous existing powers of attorney must be revoked.

    2. If the box on line 8 is checked, a copy of the existing authorization or correspondence from the taxpayer stating who they want to retain must be attached. Do not change the signature date on the original/retained representative.

    Note:

    Research to verify a POA is recorded on the CAF prior to rejecting for a copy.

  9. Line 9 provides the Taxpayer(s) dated signature(s).

    1. For business accounts, the signature of the owner/officer and the signatory's title in the organization, is required on Form 2848.

    2. For minor children signature requirements, see IRM 11.3.2.4.10, Minors.

  10. Part II provides representative information. The representative must indicate his/her designation, jurisdiction, signature and date. See IRM 21.3.7.5.3.(6). Coding and Editing (Third Party) for designation listings.

  11. Process each representative as a separate transaction. If information is missing for one representative, timely process all other representatives listed prior to rejecting with Letter 861C, Power of Attorney (Form 2848) Incomplete for Processing, or other applicable correspondence. Take the following actions:

    1. Indicate "processed" next to the representative information, on the Form 2848, that you input to the CAF;

    2. Photocopy the edited Form 2848;

    3. Attach the photocopied Form 2848 to your correspondence and mail or fax to the representative;

    4. Retain and file the original Form 2848.

  12. Form 2848, Power of Attorney and Declaration of Representative, revision March 2004, provides PIN boxes near the signature line. These boxes are for the purpose of a signature authorization for Disclosure Authorization (DA) transmission only. If these boxes are completed, the CAF examiner’s first action is to determine whether the authorization is already recorded on the CAF through electronic DA to avoid duplicate input. If already processed, treat as classified waste.

  13. As long as all essential elements are present, process Form 2848, Power of Attorney and Declaration of Representative, regardless of revision date.

  14. For processing domestic authorizations, See Exhibit 21.3.7-4, U.S. State Codes. For international authorizations, See IRM 21.3.7.8.1., International Processing.

21.3.7.5.4.1  (08-25-2009)
Form 2848 Processing Joint Filer

  1. When joint taxpayer's are listed on the Form 2848, research IDRS using CC INOLES to determine which taxpayer's TIN is the primary or secondary spouse. Primary is usually the first TIN listed on the Form 2848.

  2. Once you have determined which taxpayer is the primary and secondary taxpayer, check the filing status for the tax year(s) listed on the authorization for both the primary and secondary taxpayer using CC IMFOLI to determine how to establish how to correctly process to the CAF.

  3. Any other filing status than "2" the authorization will be photocopied and the primary and secondary will be given a separate SDLN number.

    Example:

    John and Mary Cornell submitted a Form 2848 to be processed for tax years 2002-2006. During research using CC IMFOLI, for tax years 2002 and 2003 John and Mary were both single and filed separately (Filing status"1" for both. For tax years 2004–2006 John and Mary were married and filed jointly (Filing status "2" . For tax years 2002–2003 the Form 2848 will be photocopied. John and Mary will be given a separate SDLN as they filed separately and their TIN number will not be linked on the CAF. For tax years 2004–2006 since they filed jointly, process to the CAF separately under each SSN using the same SDLN number and input spouse TIN on each record on CAF records.

  4. A jointly filed Form 2848, Line 6, Receipt of Refund information, both the husband and wife must initial.

  5. If a joint filed Form 2848 and only one spouse signs the Form, reject for additional signature.

21.3.7.5.5  (10-01-2008)
Authority to Substitute or Delegate

  1. The taxpayer, and only the taxpayer, can grant a recognized representative the additional authority to substitute or delegate authority. The notice of substitution or delegation must be signed by the representative appointed on the power of attorney. See 26 CFR 601.505(b)(2)(i). Additionally, the notice of substitution must be submitted in accordance with the below requirements or be returned to the recognized representative.

    • The notice must be submitted with a copy of the original power of attorney reflecting the authority to delegate.

    • The new representative must meet Circular 230 criteria.

    • The notice must specify the new representative's name and mailing address.

    • If there is more than one representative, the designated representative to receive notices must be clear.

21.3.7.5.6  (04-17-2009)
Specific Processing for Ineligible Third Party Representatives Form 2848

  1. Effective immediately, only the Return Preparer Coordinator (RPC) , the Office of Professional Responsibility (OPR), or Criminal Investigations may submit designation X referrals to the CAF functions. A designation X means that the representative has been deemed invalid for that particular tax matter. Usually, it is a Level H preparer that did not prepare the original return. The CAF functions are to destroy, as classified waste, all designation X referrals received from areas other than the RPC, OPR, or CI.

  2. Form 2848 should be sent to the appropriate Area RPC when the representative is marked with an X or in situations where it has been identified that the representative did not prepare the return in question. If the Form 2848 is returned by the Area RPC, destroy as classified waste. Do not return to the representative nor notify the taxpayer (per OPR Counsel).

  3. CAF Functions that receive a referral from the RPC or OPR to indicate that a power of attorney is ineligible to engage in limited practice on one, some or all of the tax matters must send a referral to the appropriate Area RPC. For a current listing of coordinators, see http://sbse.web.irs.gov/EPD/PSP/Preparer/RPClist.htm.

    Note:

    The unenrolled return preparer ("H" -Rep) is ineligible to practice if he/she did not prepare the tax return at issue and/or is attempting to represent the taxpayer before offices other than Examination. This means that there must be an L Freeze, CP 2000 or Transaction Code 420 on the taxpayers account. Evidence is needed that the taxpayer's account is in examination status. If there is no indication that the representative did not prepare the Form 2848 and/or there is no examination status on the taxpayer's account, return the Form 2848 to the representative requesting evidence that the representative prepared the original return and that there is an examination status on the taxpayer's account. As of January 2008, Internal Revenue Code 8138 require that Forms such as Form 1120 and Form 1065 need to be signed if attached to the Form 2848.

  4. The request, once all actions are completed, are sent to C-Site in Kansas City for association with the original authorization.

  5. Follow the procedures in the table below for Enrolled Agents that are marked as ineligible in CAF.

    If And Then
    You receive an incoming phone call from an enrolled agent He/she has general questions regarding eligibility/ineligibility Advise the enrolled agent to contact the Office of Professional Responsibility at 313-234-1280 for more information.
    You receive an incoming call from an enrolled agent asking for information about his/her third party authorization It is notated on the CAF that the enrolled agent is ineligible and the enrolled agent does not state he/she is eligible Advise the enrolled agent that Office of Professional Responsibility has deemed he/she as ineligible for representation at this time and to contact Office of Professional Responsibility at 313-234-1280 for more information.
    You receive an incoming call from an enrolled agent asking for information about his/her third party authorization It is notated on the CAF that the enrolled agent is ineligible, but the enrolled agent states he/she is eligible You receive an incoming call from an enrolled agent asking for information about his/her third party authorization Ask the enrolled agent if he/she has previously sent in documentation to show that he/she is eligible.
    If he/she has sent in the documentation, advise the enrolled agent that he/she is not eligible to receive third party authorization through the Centralized Authorization File at this time. Tell the enrolled agent to contact Diane Frederick with Office of Professional Responsibility at 313-234-1290 for more information regarding his/her eligibility.
    If he/she has not sent in the documentation, advise him/her to contact Office of Professional Responsibility at 313-234-1280 for more information.
    Form 2848 is received and it is notated on the CAF that the representative is ineligible He/she has not said anything about eligibility, or, is stating he/she qualifies for eligible status and has not attached documentation Return the Form 2848 and the attached documentation to the representative. Use the following paragraph, "At this time, we cannot process your authorization to the Centralized Authorization File. The Office of Professional Responsibility has deemed you as ineligible for representation. Please contact the Office of Professional Responsibility at 313-234-1280 for more information."
    Form 2848 is received and it is notated on the CAF that the representative is ineligible He/she is stating that he/she qualifies for eligible status and has attached documentation to prove eligibility Return the Form 2848 and the attached documentation to the representative. Use the following paragraph, "At this time we cannot process your Form 2848 to the Centralized Authorization File. The Office of Professional Responsibility has deemed you as ineligible for representation. Please contact the Office of Professional Responsibility at 313-234-1280 for more information."
    Correspondence is received from an enrolled agent asking for information about their third party authorization It is notated on the CAF that the enrolled agent is ineligible Send a letter to the enrolled agent using the following paragraph, "At this time, we cannot process your authorization to the Centralized Authorization File. The Office of Professional Responsibility has deemed you as ineligible for representation. Please contact the Office of Professional Responsibility at 313-234-1280 for more information. "

21.3.7.5.7  (08-25-2009)
Unenrolled Return Preparer Level H Representative Research, Rejections and Processing

  1. The Unenrolled Return Preparer designation Level H can only file a Form 2848 if the representative prepares the tax return for the year(s) or periods(s) submitted and the return is under Examination with the IRS.

  2. All Level H authorizations must be researched to ensure eligibility, i.e. the representative prepared the return and the return is under Examination. Take the following steps to ensure that the Level H representative can be added to the CAF:

    1. Verify the taxpayer/business name on the Form 2848 matches information found using CC INOLE.

      • If the information matches on CC INOLE, proceed to the next step.

      • If the information does not match on CC INOLE, follow procedures in the IF and THEN Chart below.

    2. Verify the tax year(s) or period(s) are under Examination, i.e. FRZ>-L, TC 420 and/or TC 424 is present on the tax module using CC TXMOD. Use CC IMFOL or CC BMFOL, with definer I or T, if CC TXMOD is not available.

      • If the examination indicator is present, proceed to the next step.

      • If the examination indicator is not found, reject the Form 2848 and follow procedures in the Chart below.

    3. Verify that the Level H representative prepared the return using CC RTVUE or CC BRTVU to obtain recorded return preparer information after you have determined that the tax return is under Examination. Use CC IMFOL or CC BMFOL, with definer R, if CC RTVUE or CC BMFOL is not available.

      • If the return preparer information is available, you will need to verify that the Preparer ID matches the Level H representative. The Preparer ID will be a nine digit number.

      • If the ID number begins with a P, it signifies the preparer is using a Preparer Tax Identification Number (PTIN) and you will need to verify who the PTIN belongs to by accessing EUP data.

      • If the ID number does not begin with a P, it could be either an SSN or an EIN and you will need to research CC INOLE to determine if the ID number belongs to the Level H representative.

      • If the ID number is an SSN or a PTIN and you verify that it belongs to the Level H representative, process the Form 2848 provided an Examination issue is present. If the SSN or PTIN does not belong to the Level H representative, reject the Form 2848 and follow procedures in the Chart below.

      • If the ID number is an EIN, reject Form 2848 and follow the procedures in the Chart below.

  3. Command Codes (CC) for researching accounts.

    CC Codes Format Explanation
    CC INOLE (Individual)
    INOLES 000-00-0000
    or
    (Business)
    INOLES 00-0000000
    or
    INOLEG 000000000
    To verify taxpayer's or business name.
    CC CFINK (Individual)
    CFINK 000-00-0000 30 200612
    or
    (Business)
    CFINK 00-0000000 01 200603 R1
    To verify if a Power of Attorney is on system.
    CC TXMOD
    Use definer A.
    If CC TXMOD is not available, use CC IMFOL or CC BMFOL, with definerI and/or T to also check for Exam transaction.
    (Individual)
    TXMODA 000-00-0000
    30 200612
    or
    (Business)
    TXMODA 00-0000000
    01 200603
    To verify if the year or period submitted on Power of Attorney is under Examination. On TXMODA If the tax year or period is under examination there will be FRZ>-L code. If there is a transaction code of TC 424 or TC 420 this also means the return is under examination. On CC IMFOLI/BMFOLI there may be an L freeze on item 10, or a Yes, next to Audit history item 11, or an L in the Freeze Code item 22. If these codes or Transaction Codes are there, reject and request Form 8821.
    CC RTVUE
    or
    CC BRTVU
    Use definer
    R1 after MFT
    and Year(s) or Period(s). If CC RTVUE or CC BRTVU is not available, CC IMFOLR or CC BMFOLR can be used.
    (Individual)
    RTVUE 000-00-0000 30200312 R1
    or
    (Business)
    BRTVU 00-0000000 01200603 R1
    To verify that the representative prepared the return. Preparer ID is on item 7. It identifies who prepared the return. If representative did not prepare the original return, reject case and request Form 8821.
  4. If after research is completed, and you have determined that original return was prepared by the named representative and the year(s) or period(s) have a FRZ>-L code or a transaction code TC 420 or TC 424 on the TXMOD, IMFOL, or BMFOL screen. The Form 2848, will be processed to the CAF database.

  5. Level H representation cannot be granted the following authority:

    1. The power to sign tax returns.

    2. The authority to receive refund checks.

    3. The authority for future years or periods.

  6. Use the following chart when rejecting Level H Authorization on Form 2848:

    If and Then
    You cannot verify the return preparer The return is under Examination Return the Form 2848 to the taxpayer by using the approved W & I Level H Rejection Letter . See Exhibit 21.3.7-7 for an example of the W&I Form 2848 Level H Rejection Letter. Use AMS (Accounts Management Services) to annotate that this is a Level H reject case and provide the name of the representative, the representative's CAF number, and tax period(s).
    You can verify that the representative on the Form 2848 is the return preparer The return is not under Examination Return the Form 2848 to the taxpayer by using the approved W & I Level H Rejection Letter. See Exhibit 21.3.7-7.for an example of the W&I Form 2848 Level H Rejection Letter. Use AMS to annotate that this is a Level H reject case and provide the name of the representative, the representative's CAF number and tax period(s).
    You cannot verify the return preparer The return is not under Examination Return the Form 2848 to the taxpayer by using the approved W & I Level H Rejection Letter. See Exhibit 21.3.7-7.for an example of the W&I Form 2848 Level H Rejection Letter. Use AMS to annotate that this is a Level H reject case and provide the name of the representative, the representative's CAF number and tax period(s).

  7. We can accept a note/letter or verbal information from the taxpayer saying that the representative prepared the original return. We can also accept a photocopy of the original return indicating that the representative prepared the original return. See Exhibit 21.3.7-7., W&I Form 2848 Level H Rejection Letter

    Note:

    In situations where the Form 2848 is being rejected for the above reasons and a Form 8821 is already on file, send the Form 2848 back to the taxpayer with the appropriate box checked and to use the optional paragraph to stateYour representative does not qualify for Level H representation. A Form 8821 is not required since you have previously submitted the form and it is already recorded. Use AMS (Accounts Management Services) to annotate that this is a Level H reject case and provide the name of the representative, the representative's CAF number, and the tax period(s).

21.3.7.6  (10-01-2008)
Form 8821, Tax Information Authorization

  1. Form 8821,Tax Information Authorization, is used to authorize the IRS to release confidential tax information to an appointee.

21.3.7.6.1  (08-25-2009)
Form 8821 Overview

  1. Form 8821, Tax Information Authorization, or equivalent, can designate any third party to receive and inspect account information for the tax matter(s) specified.

    • Can be granted to an individual.

    • Can be granted to a business entity or firm (legal, accounting, tax preparation, etc). When a business is the appointee, authority extends to the employees of the business.

21.3.7.6.2  (04-17-2009)
Essential Elements for Form 8821

  1. If an essential element is missing: See IRM 21.3.7.14.3., Rejecting Missing/Incomplete Authorizations, for procedures.

  2. Essential element 1 - Clear identification of the taxpayer, i.e.,, name, address, taxpayer identification number (the presence of two of the three elements is sufficient)..

  3. Essential element 2 - Clear identification of the third party, name and address (CAF number is not required). If the Business Entity or an Individual wishes to name more than one appointee, a listing must be attached to the Form 8821 naming the additional appointees.

  4. Essential element 3 - Specific tax matter(s) - type of tax or tax form number. If information is shown in the type of tax or form type the authorization is valid.Example: Authorization shows employment taxes under type of tax and tax form field is blank. If only one of these essential elements is available and input can be determined, process the Form 8821.

    Note:

    If a determination can not be made contact the taxpayer by telephone. Otherwise reject.

  5. Essential element 4 - Period(s) IRM 11.3.3.1.1 (3)(d), Disclosure to Designees and Practitioners, states when a series of inclusive periods are involved, including quarterly periods, use of the word through, thru, or a hyphen may be used (i.e, 2005 - 2008 would cover 2005, 2006, 2007 and 2008). The use of 'current year, or all years' is not acceptable and must be returned for clarification. All tax periods listed on an authorization are input (whether displayed on CC IMFOL/BMFOL or not).

  6. Essential element 5 - Taxpayer(s) dated signature(s). If a joint return either husband or wife must sign and date the Form 8821. If signed by a corporate officer, partner, guardian, executor, receiver, administrator, or trustee, you must provide your title. i.e. President, Vice President, executor, trustee, etc. Electronically signed, printed or stamped signatures are not acceptable.

21.3.7.6.3  (10-01-2008)
Form 8821 Coding and Editing

  1. All employees must stamp each form or correspondence with TE ID number and date of closing action.

    Note:

    As a result of inventory received in bulk, an exception is given to Philadelphia International CAF.

  2. Annotating the SDLN is always required. The SDLN is a thirteen-digit number entered in the top right margin of the authorization. The SDLN is constructed as follows:

    1. Digits 1 and 2 represent the purge year.

    2. Current and prior tax year/period requests: The purge year will be the year of the IRS received date plus 7. For example, if the IRS received date is 3/26/2009, the purge year will be 16 (the received date year, 09 + 7 =16).

    3. Future tax years/periods requests: The purge year will be the last two digits of the year of the latest future tax year/periods plus 7. For example, if the latest tax year is 2010, the purge year will be 17 (10 + 7 = 17).

      Note:

      Only input up to 3 future years. For example, if the current calendar year is 2009, only input requests through 2012 (09 + 3 = 12).

    4. Digits 3 through 6 represent the control cycle. Use the current processing cycle date.

    5. Digits 7 and 8 represent the location code. The location codes are listed below.

      Campus Mail and Fax OTIA DA
      MAMC 49 61 or 72 63 or 64
      OAMC 29 82 or 83 92 or 93
      PAMC 28 25 54 or 55

    6. Digits 9 through 11 represent the blocking series. A block consists of 100 documents.

    7. Digits 12 - 13 represent the document number of the blocking series. The first document begins with 00 and ends with 99 within the same purge year, control cycle, and block number. Once a block of 100 is completed, the next blocking number begins with document 00 and ends with document 99.

    Note:

    Code the authorization once you have determined it is processable. (Coding will be determined by local management).

  3. Name Control (IMF) The first four digits of the taxpayer's last name or (BMF) the first four digits of the business name, as it appears on the authorization, is the name control. If there is a question regarding the name control, use CC INOLE or ENMOD to verify.

  4. Third Party- The third party's city, state and zip code must be present. If the street address is not present:

    1. Research using CC RPINK and edit on form.

    2. If more than one address and you are unsure which address to use, contact the third party by phone or fax.

    3. If research and attempts at phone/fax contact do not identify or confirm the third party's address, return the authorization for clarification.

  5. In line 5, the taxpayer is instructed to check either 5a or 5b regarding copies of notices. Assign notice privileges to the first third party listed only when box 5a is checked unless notices are already assigned to the same third party for an existing Form 2848, Power of Attorney and Declaration of Representative .

21.3.7.6.4  (04-17-2009)
Form 8821 Processing

  1. When the name on the request does not match the name shown on INOLE, and proper research determines the SSN is the correct taxpayer, use the name as shown on the request for processing and place a Y in the Skip TIN/NC CK field to override the name control check against the National Accounts Profile (NAP).

  2. For minor children signature requirements, see IRM 11.3.2.4.10, Minors.

  3. Line 2 granted to an individual or business.

  4. The third party is not required to sign a TIA.

  5. Receiving refunds is not an option on Form 8821, Tax Information Authorization.

  6. If the box on line 6 is checked, a copy of the existing authorization or correspondence from the taxpayer must accompany the new submission. If the box on line 6 is not checked, all previous processed Form 8821 on file with the Internal Revenue Service will be automatically revoked for the same tax matters and year(s) or period(s) covered by the authorization. Research to validate that a valid TIA is recorded on the CAF.

  7. Line 7 Taxpayer’s dated signature(s):

    1. For joint IMF taxpayers only one signature and date is required on Form 8821Tax Information Authorization.

    2. A thumbprint or "X" with a witness signature is acceptable.

    3. Form 8821, Tax Information Authorization, TIA, for the purpose of addressing tax matters, does not have to be received within 60 days of the taxpayer’s dated signature. See IRM 11.3.3.1.1, General Requirements for Disclosure to Designee.

  8. IRM 11.3.3.1.1, IRC 6103(c) and Treasury Regulation 301.6103(c)-1 detail the purposes and parameters of disclosure/tax information authorizations (TIAs).

  9. Process Form 8821, regardless of revision date.

21.3.7.6.5  (08-25-2009)
Form 8821 Processing Joint Filer

  1. When joint taxpayer's are listed on the Form 2848, research IDRS using CC INOLES to determine which taxpayer's TIN is the primary or secondary spouse. Primary is usually the first TIN listed on the Form 8821.

  2. Once you have determined which taxpayer is the primary and secondary taxpayer, check the filing status for the tax year(s) listed on the authorization for both the primary and secondary taxpayer using CC IMFOLI to determine how to establish how to correctly process to the CAF.

  3. Any other filing status than "2" the authorization will be photocopied and the primary and secondary will be given a separate SDLN number.

    Example:

    John and Mary Cornell submitted a Form 2848 to be processed for tax years 2002-2006. During research using CC IMFOLI, for tax years 2002 and 2003 John and Mary were both single and filed separately (Filing status"1" for both. For tax years 2004–2006 John and Mary were married and filed jointly (Filing status "2" . For tax years 2002–2003 the Form 2848 will be photocopied. John and Mary will be given a separate SDLN as they filed separately and their TIN number will not be linked on the CAF. For tax years 2004–2006 since they filed jointly, process to the CAF separately under each SSN using the same SDLN number and input spouse TIN on each record on CAF records.

  4. Form 8821 only requires either the husband or wife signature.

21.3.7.6.6  (08-25-2009)
Processing Form 2848 or Form 8821 for Heavy Highway Vehicle Use Tax Return (Form 2290)

  1. Form 2290, Heavy Highway Vehicle Use Tax Return, is an annual return. The period covered for a Form 2290 is from July 1 to June 30 of each year.

  2. If the taxpayer puts his vehicle on the road March 1, then his tax period is still for July 1 through June 30 of that same year; however, the tax is prorated from March 1 through June 30.

  3. When you receive an authorization for Form 2290, you will need to check CC BMFOLI to capture all periods (including the annual Form 2290 as well as any amendments) and place the authorization on the CAF database for each period found.

    Example:

    You receive a Form 2848 for tax year 2008 for Form 2290. During research you identify multiple filings that include amended Form 2290, i.e., CC BMFOLI shows MFT 60 for periods 200807, 200801 and 200805. You must process the authorization for each period.

    Note:

    Exhibit 21.3.7-1, Forms and Codes, has been updated to reflect the Form 2290 tax filing period as ANY.

21.3.7.6.7  (10-01-2008)
Oral (OTIA) Processing

  1. The IRS accepts non-written or verbal consents for disclosure of tax information only for the purpose of resolving federal tax matters.

  2. The OTIA is the verbal equivalent of Form 8821, Tax Information Authorization.

  3. The taxpayer’s identity is authenticated by the CSR per IRM 21.1.3, Accounts Management and Compliance Service Operations-Operational Guidelines Overview, satisfying the requirement that the IRS confirms the identity of the taxpayer. The CSR must prepare some sort of written documentation that the taxpayer has an OTIA. These cases must then be faxed to the appropriate CAF Fax number or the taxpayer may be given the appropriate CAF Help Number and told to call that number for OTIA assistance.

    1. Ogden Fax Number 801-620-4249, Ogden CAF Help Line 801-620-4254.

    2. Memphis Fax Number 901-546-4115, Memphis CAF Help Line 901-546-4176.

    3. Philadelphia CAF Fax Number 215-516-1017. Since Philadelphia CAF Function completes international processing, it does not have a CAF Help Line.

  4. Upon receipt of a call regarding an OTIA, the CAF examiner must immediately:

    1. Research the appointee designated to determine if a CAF number exists or will be assigned.

    2. Secure and input authorization information, using Form 8821, Tax Information Authorization, as a guide.

    3. Distinct coding is required, see See IRM 21.3.7.5.3. for location codes.

    4. Print CAF screens for OTIA input for review purposes. The "record" of the authorization is maintained electronically by the CAF. For Oral Disclosure Consent (ODC): See IRM 21.3.7.9.14.

    .

21.3.7.7  (10-01-2008)
Form 706 U.S. Estate Tax Return

  1. This section provides information for processing Form 706, U.S. Estate Tax Return.

21.3.7.7.1  (10-01-2008)
Processing of Form 706

  1. Process photocopied pages one and two of Form 706, U.S. Estate Tax Return, to the CAF.

  2. Photocopy pages one and two of all original Form 706 received in the CAF function for processing into the CAF prior to shipping. Forward the original Form 706 to CSPC at the following address:

    IRS - CSPC

    MS 824G

    Cincinnati, OH 45999

  3. If Form 2848, Power of Attorney and Declaration of Representative, is attached to the original Form 706, detach the Form 2848 for processing into the CAF prior to forwarding the Form 706 to the above address.

  4. When a authorization on a Form 2848, Power of Attorney and Declaration of Representative, is received listing a combination of Form 706 issues and other tax matters, e.g., Form 1040 issues, take the following actions:

    1. Photocopy the original document.

    2. Process the Form 706 issue only and notate (sticker, label, written, etc.) the SDLN number on the original document.

    3. Process the remaining tax issue(s) and notate the subsequent SDLN number on the photocopy.

  5. Any authorization processed for Form 706 are maintained in the C-Site at Kansas City. Use an SDLN with a purge year of 15 years from the current year. Clearly indicate Form 706 on the transmittal so that the C-Site at in Kansas City can store it appropriately.

21.3.7.7.2  (08-25-2009)
Essential Elements for Form 706

  1. Below are the essential elements of a processable Form 706 authorization.

    1. Essential element 1 - Clear identification of the decedent's name, address, taxpayer identification number (the presence of two of the three elements is required).

    2. Essential element 2 - Date of Death

    3. Essential element 3 - Executor's dated signature.

    4. Essential element 4 - Third party's designation (must be designations A - C)

    5. Essential element 5 - Third Party's dated signature

  2. If an essential element is missing or incomplete, the authorization is invalid. See IRM 21.3.7.14.3, Rejecting Missing/Incomplete Authorizations.

  3. If essential elements 1-3 are not present, the document must be returned to the Executor shown on the Form 706.

    Note:

    For International processing, the document must be returned to the representative.

  4. For missing elements 4 or 5, you must return the form to the representative indicated on Form 706.

  5. Do not, under any circumstances, attempt to return the Form 706 to the deceased taxpayer for the missing elements.

21.3.7.7.3  (10-01-2008)
Form 706 Coding and Editing

  1. All employees must stamp each form or correspondence with TE ID number and date of closing action.

    Note:

    As a result of inventory received in bulk, an exception is given to Philadelphia International CAF.

  2. Annotating the SDLN is always required. The SDLN is a thirteen-digit number entered in the top right margin of the authorization. The SDLN is constructed as follows:

    1. Digits 1 and 2 represent the purge year.

    2. Form 706, U.S. Estate Tax Return, requests: The purge year will be the last two digits of the year of the taxpayer's signature date plus 15 years. Add 15 years to the final two digits of the year in which the taxpayer signs. For example, if the taxpayer’s signature date is 1/1/2009, the purge year will be 24 (09+15=24).

    3. Digits 3 through 6 represent the control cycle. Use Document 6209, Enterprise Computing Center, MTB Posting Cycle.

    4. Digits 7 and 8 represent the location code. The location codes are listed below.

      Campus Mail and Fax OTIA DA
      MAMC 49 61 or 72 63 or 64
      OAMC 29 82 or 83 92 or 93
      PAMC 28 25 54 or 55

    5. Digits 9 through 11 represent the blocking series. A block consist of 100 documents.

    6. Digits 12-13 represent the document number of the blocking series. The first document begins with 00 and ends with 99 within the same purge year, control cycle, and block number. Once a block of 100 is completed, the next blocking number begins with document 00 and ends with document 99.

    Note:

    Code the authorization once you have determined it is processable. (Coding will be determined by local management).

  3. Name Control (IMF) The first four digits of the taxpayer's last name or (BMF) the first four digits of the business name, as it appears on the authorization, is the name control. If there is a question regarding the name control, use CC INOLE or ENMOD to verify.

  4. Third Party- The third party's city, state and zip code must be present. If the street address is not present:

    1. Research using CC RPINK and edit on form.

    2. If more than one address and you are unsure which address to use, contact the third party by phone or fax.

    3. If research and attempts at phone/fax contact do no identify or confirm the third party's address, return the authorization for clarification.

21.3.7.8  (10-01-2008)
International Processing

  1. This section provides guidance for processing international CAF authorizations.

21.3.7.8.1  (10-01-2008)
International Processing

  1. Taxpayers Abroad, Nonresident Aliens, Processing

    1. The IRS accepts returns signed by agents in lieu of taxpayer signature, for nonresident aliens (NRA), and U.S. citizens abroad, although the agent may not meet criteria on Form 2848, Power of Attorney and Declaration of Representative, Part 11, Lines "A" through "R" . Form 2848, Power of Attorney and Declaration of Representative, for signature purposes only are not recorded on the CAF and remain attached to the tax returns. These Form(s) 2848 will not a have a Designation level completed on Part II, Declaration of Representative and will specifically indication that the form should remain attached to the 1040NR. return. If the tax return was electronically filed, treat the authorization as classified waste. Do not send any taxpayer information to the agent listed on these Forms 2848, Power of Attorney and Declaration of Representative.

    2. As of June 2007, International Tax returns (Form 1040NR) are no longer processed in Philadelphia. They are submitted to the Submission Processing area in Austin. Since the Form 1040NR are submitted attached to the Form 2848, Power of Attorney for verification that the taxpayer has granted the representative the authority to sign the tax return on the taxpayers behalf. The Form 2848 must be detached after verification of the signature and forwarded to the following address for processing:
      Philadelphia
      Internal Revenue Service
      International CAF DP: SW-311
      11601 Roosevelt Blvd.
      Philadelphia, PA 19255
      Fax number 215-516-1017

    3. If the Form 2848 was electronically filed, treat the authorization as classified waste. Do not send any taxpayer information to the agent listed on these Forms 2848, Power of Attorney and Declaration of Representative.

  2. On occasion when Form 1040NRs are submitted to the Submission Processing area with the Form 2848, Power of Attorney and Declaration of Representative attached, there may also be a Form 8821, Tax Information Authorization attached to the 1040NR along with a Form 2848 for each taxpayer. After verification of the Form 2848 that the taxpayer has granted the representative the authority to sign their tax return, both the Form 2848 and Form 8821 must be detached for each taxpayer and sent via mail to the International CAF Function. If there is a Form 2848 and a Form 8821 attached for the same taxpayer to 1040NR return , please detach these two (2) forms together for each taxpayer for expediting Bulk CAF inventory processing.

  3. The taxpayer must indicate on Form 2848, Power of Attorney and Declaration of Representative, Line 5 that the representative(s) is authorized to sign the return and must give the specific reason for the agent’s signature. The acceptable reasons are:

    • Either continuous absence from the U.S. (including Puerto Rico) for a period of at least 60 days prior to the date required by law for filing the return, or

    • Disease or injury.

    • Specific permission is requested of and granted by the Area Director for other good causes.

  4. International third party authorizations are received and processed with taxpayer signature dates in various formats. Here are the different formats:

    • DD-MM-YYYY

    • MM-DD-YYYY

    • YYYY-DD-MM

    • DD-YYYY-MM

    • 11-09-2007

  5. Form 2848, Power of Attorney and Declaration of Representative, line 6, Receipt of Refund, the taxpayer(s) must clearly initial and assign a representative to receive but not to endorse or cash a refund check.

  6. For international authorizations, refer to the following for country codes:

    • See Exhibit 21.3.7-2, Foreign Country Codes (A to L)

    • See Exhibit 21.3.7-3., Foreign Country Codes (M to Z)

    • See Exhibit 21.3.7-5, Canadian Province Codes

    • See Exhibit 21.3.7-6, Mexican Territory Codes

21.3.7.8.1.1  (08-25-2009)
Determining International Form 2848 and Form 8821 Inventories

  1. International Forms 2848, Declaration of Representative and Forms 8821, Tax Information Authorization can come in various ways. To determine if Form 2848 or Form 8821 are to rerouted to the International CAF Function, here are some examples of how to make that determination:

    • Form 2848/8821 - The taxpayer may have a foreign address and the representative may have a domestic address. If Line 3, tax matters indicates Form 1040NR with a W-7 , this will be routed to International CAF Function in Philadelphia.

    • Form 2848/8821 - The taxpayer may have the same domestic address as their representative. If Line 3, tax matters indicates Form 1040NR with a W-7 or 1040A, with a W-7 issue, this will be routed to International CAF Function in Philadelphia.

    • Form 2848/8821 with indicate an ITIN number for the taxpayer(s).

21.3.7.8.2  (10-01-2008)
International Processing/Rejecting Authorizations

  1. The taxpayer's representative will be the first option when additional contact is needed as a result of missing or incomplete information as most taxpayers reside abroad and their representatives practice in the United States.

  2. The guidelines require examiners to "mainly" correspond with taxpayers for missing/incomplete information. See IRM 21.3.7.14.3. for guidelines. This rule also applies when essential elements are absent from the authorization. While this guideline suits domestic processing, it places a burden on International CAF for the following reason(s):

    • Taxpayers reside abroad

    • Timeline difference (the majority of our taxpayers reside in Germany - (6 hours ahead)

    • Language barrier

    • Poor understanding of U.S. rules and regulations (Tax Laws)

    • No taxpayer telephone or fax number on POA (tax examiners are required to utilize the telephone or fax number on POA (tax examiners are required to utilize the telephone and fax machine as primary tools when corresponding for missing/incomplete information)

    • This leaves mail as the only option and eliminates the taxpayers chance of receiving prompt service.

    • The majority of taxpayers with international authorizations have the same domestic address as their representative, as they reside abroad.

21.3.7.8.3  (10-01-2008)
International Processing Form 2848 Processing Addendum

  1. Some International laws prohibit jointly filed taxpayer’s from using filing status FS 2 when submitting an international tax return per Publication 519 United States Tax Guide for Aliens, (Filing Status). They are instead, instructed by their representative to use FS 3 to ensure the necessary guidelines are being met. The authorization associated with this type of filer will have the following characteristics:

    • Primary name only on Line 1

    • Primary SSN only on Line 1

    • Primary & secondary taxpayer’s & dates

    • Filing status FS 3 on IMFOLI for requested tax years

    Note:

    Normal guidelines would require examiners to correspond with the secondary taxpayer to obtain the missing name & SSN. However, per the above publication, the secondary taxpayer will submit their own authorization to be processed to the CAF database and therefore correspondence is unnecessary.

21.3.7.8.3.1  (08-25-2009)
International Processing Timeframes

  1. International CAF receives and processes the following inventory:

    • 24 Hour from receipt in the CAF Function for priority faxes originating from Practitioner Priority Services (PPS), Taxpayer Advocate Service (TAS) requests.

    • 2 business days from receipt in the CAF Function for all other fax receipts.

    • 5 business days from receipt in the CAF Function for mail and routed receipts with day received counted as day zero.

    • 15 business days from receipt in the CAF Function for International Bulk Receipts.

    • Immediate process for Oral Tax Information Authorization (OTIA) requests

  2. International CAF also receives Spanish Form 2848, Power of Attorney and Declaration of Representative. These forms come in either by fax or mail and are included in the regular 2 day fax or 5 day mail inventory.

21.3.7.8.4  (10-01-2008)
Processing Bulk Shipments

  1. Philadelphia will receive Form 2848, Power of Attorney and Declaration of Representative, and Form 8821, Tax Information Authorization(s) in Bulk shipments in the thousands from one mailing source. This source can be a single representative, multiple representatives or an accounting/law firm. These authorizations have specific handling and processing procedures affiliated with them. These procedures were implemented to provide our customers with quality service and timely processing. They include, but aren’t limited to the following actions:

    • Initial examination of these cases is performed by the lead/manager to ensure all essential elements are in place to begin processing.

    • Special processing procedures/instructions are forwarded to team examiners and quality reviewers (PAS). These procedures instructions are mutually agreed upon by the International CAF Team and PAS before processing begins. (e.g. the addition and/or deletion of specific duties for a given representative. The utilization of a particular signature date during processing).

    • Specialized Quick Pads are developed for each representative and/or firm to expedite processing while virtually eliminating certain processing defects.

    • The additional 15 day rule goes into effect. See IRM 21.3.7.1.7.

    • Batched in packs of 50 cases each

    • Shipments received by mail are not manually stamped. The receive date is the signature date agreed upon by the International CAF Team and PAS Quality Function.

    • Besides SDLN (Source Document Locator Number), limited to very little or no coding. See IRM 21.3.7.9.6.(2).

  2. When Bulk Receipts are received in the International CAF Function, the taxpayer's address could be international and the representative's domestic or the taxpayer's address will be domestic, the same as the representative, however on Line 3, tax matters will state 1040NR. These are international receipts and must be sent to Philadelphia for processing. An example of some of International bulk filers are:

    • Representative Weaver

    • Representative Kolligris

    • Representative Surface

    • Representative Williams

    • Representative Prasad

    • Representative Browman

    • Representative Jones

    • Representative Miller

  3. The above list is just a few examples of Bulk filers. International CAF receives new Bulk filers year round.

21.3.7.8.5  (10-01-2008)
International Processing White Paper

  1. Most large shipments of Form 2848, Power of Attorney and Declaration of Representative and Form 8821, Tax Information Authorization(s), received in Philadelphia have a specialized document (White-paper POA) attached to the authorization. These documents outline specific acts granted to the representative(s), by the taxpayer, however, the Form 2848 must have the acts authorized listed on line 5 and line 6 receipt of refund must contain the initial(s) of the taxpayer and name of the representative to receive refund must be completed. This document (white paper POA) is mainly used for the verification of the taxpayer(s) signature.

21.3.7.8.5.1  (08-25-2009)
Accepting and Processing Forms 2848, 60 Day Rule

  1. When the taxpayer signs and dates the Form 2848 before the representative, the signature dates of the taxpayer's and representative's must be within 45 days for domestic authorizations and within 60 days for authorizations of taxpayers/representatives residing abroad. Exception: If the taxpayer's dated signature is more current than the representative’s signature, the 45 and 60 day rule does not apply.

  2. As long as the signature dates meet the requirement noted above, the Form 2848 may be submitted and processed at any time. If tax matters are listed on Form 2848, Line 3, you may accept and process the Form 2848 since the 60 day rule does not apply in these cases.

  3. The document with most recent taxpayer signature date, whether already processed to the CAF database or just received by fax or mail, is the document that has representational authority for the taxpayer, i.e., a Form 2848 has already been processed to the CAF database with a taxpayer signature date of January 1, 2005; however, another Form 2848 is received with a taxpayer signature date of December 1, 2003. The legal document would be the form with the taxpayer signature date of January 1, 2005 since it is the most recent signature date for the taxpayer.

21.3.7.9  (10-01-2008)
Additional CAF Processing Guidelines

  1. This section provides information for miscellaneous CAF processing.

21.3.7.9.1  (10-01-2008)
IMF Modules for Joint Taxpayers

  1. When an authorization is received for joint IMF taxpayers requesting that designated third party or parties receive notices, take the following actions:

    If And Then
    The primary taxpayer TIN has no notice authorization on file The second taxpayer submits one or two notice authorization(s), Process secondary taxpayer representative(s). Load representative(s) to receive notices onto primary Xref account.
    The primary taxpayer TIN already has one notice authorization on file… The second taxpayer submits one notice authorization Process secondary taxpayer representative. Add representative to receive notice onto primary Xref account.
    The primary taxpayer TIN already has one notice authorization on file... The second taxpayer submits two notice authorizations Advise second taxpayer’s second representative that they will not be receiving notices. Process second taxpayer’s first representative to receive notices, then add that representative to receive notice to primary Xref.
    The primary taxpayer TIN has two notice authorizations The second taxpayer submits one notice authorization,
    • Delete the primary taxpayer’s second third party representative authorized to receive notices

    • Reinput without notice indicator

    • Advise the primary taxpayer of the removal of one notice authorization and identify the affected designee

    • Load to secondary taxpayer with notice, then add second taxpayer’s representative with notice to primary taxpayer’s account.

    The primary taxpayer TIN has two notice authorizations The second taxpayer submits two notice authorizations
    • Delete the primary taxpayer’s second third party representative authorized to receive notices

    • Reinput without notice indicator

    • Advise the primary taxpayer of the removal of one notice authorization and identify the affected designee

    • Add second taxpayer’s first third party representative listed to receive notices, advise second taxpayer that only one designee will receive notices, and identify which designee will receive them.

    • Load second taxpayer’s first representative to receive notice and second representative with no notice, then add to primary Xref the secondary first representative to receive notice and secondary second representative with no notice.

  2. When the authorization is received from a second taxpayer designating a third party as receiving refund checks, take the following actions:

    If And Then
    The primary taxpayer has not submitted a refund authorization The secondary taxpayer submits a refund authorization, Add refund authorization for secondary taxpayer under the primary taxpayer’s TIN.
    The primary taxpayer has a refund authorization The secondary taxpayer submits a refund authorization, Remove the refund authorization under the primary taxpayer’s TIN anddo not add the refund authorization under the secondary taxpayer’s TIN. Advise both designated representatives that per section 601.508 of Conference and Practice Requirements, the refund authorization was removed/could not be added.
    A written agreement between disputed, recognized representatives is received… Is signed and dated by the disputed representatives and their respective taxpayers, Add the refund authority under the agreed-upon, designated representative.

21.3.7.9.2  (10-01-2008)
Information Requests

  1. Requests for specific information may be submitted using Form 2848, Power of Attorney and Declaration of Representative or Form 8821,Tax Information Authorization . These can be identified by entries on lines 3, 4, or 5.

  2. Authorizations for the purpose of verifying income (student loan, mortgage application, etc.) are generally from an educational institution, financial institution, mortgage company or federal agency. While these requests will be honored when submitted on Form 2848, Power of Attorney and Declaration of Representative, or a Form 8821, Tax Information Authorization, the more appropriate forms to use are Form 4506, Request for Copy of Tax Return, Form 4506T, Request for Transcript of Tax Return, or written equivalent. All Form 2848, Power of Attorney and Declaration of Representative, and Form 8821,Tax Information Authorization, are routed directly to the CAF Function from Receipt and Control to determine if the form is for specific use only or contains information that should be processed to the CAF. Forms that should not be processed to the CAF are routed to the appropriate area as designated in the If and Then Chart below or treated as classified waste. When a properly completed Form 8821 is received:

    If Then
    Line 4 is not checked and it reads, send or provide transcripts or send or provide record of account Process valid authorities to CAF, photocopy and route the copy to RAIVS
    Line 4 is checked with taxpayer annotation send or provide transcripts or send or provide record of account Do not process to CAF, route the original to RAIVS
    If line 4 is checked and information is entered on line 3 for tax matters Process the tax matters to the CAF. Treat as a normal Form 2848/8821 for line 3 information. Disregard Line 4 checkbox.
    Line 4 is not checked and any reference to lien, payoff demand or balance due or Form 668(y) is attached Process to CAF, photocopy and route the copy to Compliance Services Collections Operations. If Collections does not accept these photocopies, classify as waste.
    Line 4 is checked with any reference to lien, payoff demand or balance due, or Form 668(y) is attached Do not process to CAF, route the original to Compliance Services Collections Operations


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