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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28084
Experience:  Taxes, Immigration, Labor Relations
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My son is incarcerated and I have power of attorney. I have

Customer Question

My son is incarcerated and I have power of attorney. I have been holding his income tax check hoping he would be out before the 1 year limitation to cash/deposit it. The check is dated June 2015 so he has until June 2016 to take care of it. It doesn't look like he will be out of prison by then. What needs to be done to get this money deposited in an account for when he does get out? What about filing taxes for 2015?
Submitted: 10 months ago.
Category: Tax
Expert:  Lev replied 10 months ago.

Depending what POA allows you to do - if you are authorized to file the tax return and or cash checks on his behalf - you perfectly may do that.

If the tax refund check will expire - your son (or you as his POA) may request a replacement check. Generally that will be allowed within three years.

Customer: replied 10 months ago.
The banks are telling me that power of attorney doesn't matter - that the IRS will only let him make transactions. All we want to do is deposit it for him. What verbage can I use at the bank to possibly get this handled?
Expert:  Lev replied 10 months ago.

Specifically for the IRS - you might want to use IRS POA form.
https://www.irs.gov/pub/irs-pdf/f2848.pdf
here are instructions
https://www.irs.gov/pub/irs-pdf/i2848.pdf

Expert:  Lev replied 10 months ago.

Generally, when someone submit a Form 2848 to the IRS, it is included on the IRS’s Centralized Authorization File (CAF). The CAF allows IRS personnel who do not have access to the original power of attorney to determine whether the person has authorized an individual to represent him/her.

Regarding your bank - there is no law which requires any specific verbiage - but your bank might have some internal regulations - so you may request your banker what type of POA they are willing to accept.

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