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Last Updated: 5/21/2013

Power of Attorney (POA)

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A power of attorney (POA) is a third party, authorized by a taxpayer, to whom the Minnesota Department of Revenue may share confidential debt information. A POA is also the document that records the authorization to share the information.
 

Disclosure

The department may not disclose confidential information to anyone but the taxpayer without a power of attorney on record. There are two exceptions to this rule:
  • No power of attorney authorization is needed to discuss other agency debt (OAD) matters with an attorney who represents a taxpayer.
  • No power of attorney authorization is needed to disclose tax debt or OAD matters with the parent or legal guardian of a minor.

Forms of Power of Attorney

Form REV184, Minnesota Revenue Power of Attorney, allows the taxpayer to specify what types of debt information and which time periods can be discussed with the POA. The taxpayer can also grant the POA power to sign tax returns. The taxpayer can specify a specific expiration date for the POA.
 
Form REV184a, Election for Power of Attorney, allows the taxpayer to specify that any and all refunds, legal notices and correspondence relating to the taxpayer’s tax matters and to non-tax debts referred to the department will be sent to the designee.
 
At the bottom of Form M1, Minnesota Income Tax Return, there is a box that can be checked. A checked box indicates that the taxpayer agrees with the statement, “I authorize the Minnesota Department of Revenue to discuss this return with my preparer or the third party designee indicated on my federal return.”
 
Form M1PR, Minnesota Property Tax Refund Return, has a similar statement: “I authorize the Minnesota Department of Revenue to discuss the return with my preparer.”
 
The department will also accept the federal IRS Form 2848, Power of Attorney and Declaration of Representative as a valid POA. The form must specifically mention the tax types either by stating the Minnesota Department of Revenue tax form number or “Minnesota” (MN is acceptable) and the specific tax years.
 
Form REV185, Minnesota Revenue Authorization to Release Tax Information, allows a one-time disclosure of information to the specified party. The POA is only allowed to receive information and has no powers to act for the taxpayer. The authorization expires immediately after the disclosure is made.
 
The Minnesota Statutory Short Form can cover all matters of a taxpayer’s financial and personal affairs. The form has a number of boxes which can be checked allowing various powers to the POA. View the statute (M.S. 523.23).
 

Canceling or Changing a Power of Attorney

Power of Attorney information on file with the department can be canceled by either the taxpayer or the POA. The taxpayer or the POA can do so in writing or by submitting Form REV184 with either the Cancel/Revoke or the Amend box checked to make changes to the existing POA information.