If you choose to have someone represent you on the examination, your representative must be a person eligible to practice before the IRS. You can submit Form 2848, Power of Attorney and Declaration of Representative, to authorize an individual to represent you before the IRS.
If you want to allow direct communication between the examiner and any conduit borrower, and the TEB examiner agrees to conduct the examination in that manner, you must provide us with a Form 8821, Tax Information Authorization.
During the examination we may also need to contact various third parties including:
- financial advisors
- bond counsel
- any other parties (and their counsel) with a transactional relationship to the municipal debt issue
Tips on Completing Forms 2848 and 8821
Remember these tips when completing Form 2848 and Form 8821 to have someone represent you on your Tax Exempt Bond examination or compliance check.
Item 1 – Taxpayer information
Enter the name, address, phone number and Employer Identification Number of the entity that is being represented, for example, the issuer of the bonds, conduit borrower of the bond proceeds, underwriter, bond counsel, etc.
Item 3 – Tax matters
Description of Matter/Type of Tax column - specifically describe the matter to which the power of attorney pertains. For example, an examination of a tax exempt bond issuance or with regard to a penalty, include, if applicable, the complete legal name of the bond issue, issue amount, series, CUSIP number and date the bonds were issued.
Tax Form Number column - enter the return form number, if applicable, to which the authorization relates, for example, 8038, 8038-G, 8038-CP.
Year(s) or Period(s) column - enter the period based on the issue date of the bonds in “YYYYMM” format where “YYYY” and “MM” equals the year and month in which the bonds to which this power of attorney pertains were issued. To the right of the YYYYMM, enter the three digit IRS report number indicated on Notice CP152, Acknowledgement of Receipt of Tax-exempt Bond Form, issued by the IRS for the return to which the power of attorney pertains. If the IRS report number is not known, leave blank.
If you have further questions or concerns regarding the completion of Form 2848 and Form 8821, please contact the examiner for assistance.
Form 2848 Instructions
Form 8821 Instructions
Understanding the Tax Exempt Bonds Examination Process