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Amina Bah

Is Form 2848 required to sign a Form 8809 when filing a 1099-NEC extension for a client?

I'm preparing taxes for a small business owner who needs an extension for filing their 1099-NEC forms. As their tax preparer, I'm not sure if I need a Form 2848 (Power of Attorney) to sign the Form 8809 extension request. Can I just sign the Form 8809 as their preparer without having a 2848 on file with the IRS? This is my first time handling extensions for information returns, and I want to make sure I'm doing everything correctly. The deadline's coming up soon and I need to get this filed properly. Has anyone gone through this process before?

You don't need a Form 2848 (Power of Attorney) to sign Form 8809 for a 1099-NEC extension as a preparer. Form 8809 actually has a specific section for preparers that's separate from the taxpayer signature section. In Part II of the form, there's a "Filer/Preparer" checkbox you can mark, and then you can sign as the preparer without needing the POA. The form is designed to accommodate this common scenario where a tax professional files the extension on behalf of their client. Just make sure you complete all required fields with the client's information in Part I, and then identify yourself as the preparer in Part II.

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So does that mean anyone can file an extension for any business? That doesn't seem right... do they at least need some kind of written authorization from the business, even if it's not the official 2848?

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No, it doesn't mean anyone can file for any business. There's a professional relationship implied - you should have some form of engagement letter or service agreement with your client authorizing you to prepare and file their tax documents. While Form 8809 doesn't specifically require the 2848, you should always have proper documentation showing you're authorized to provide tax services to the client. This protects both you and the client and establishes the professional relationship required to act on their behalf for these limited purposes.

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Just a tip from my experience: while you technically don't need the 2848 for Form 8809, I still recommend getting one from all your clients at the beginning of your engagement. It makes everything smoother when you need to handle other matters with the IRS, like responding to notices or making account changes. Better to have it and not need it than need it and not have it!

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Do I need to submit the 2848 to the IRS right away after my client signs it? Or can I just keep it on file and only submit it when needed? I have clients sign them but I'm not sure about the proper procedure.

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You don't need to submit the 2848 to the IRS immediately after signing. You can keep it on file and only submit it when you need to represent the client for a specific matter. However, if you anticipate needing to access the client's tax records or communicate with the IRS on their behalf for other issues, it's better to submit it sooner. You can submit it electronically through the IRS Tax Pro Account system which is much faster than mailing it in.

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I just called the IRS Practitioner Priority Service about this exact question last week! The agent confirmed that Form 8809 doesn't require a 2848 for preparers to sign. They explained that information return extensions are considered "ministerial acts" that don't require formal representation authorization.

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How long did it take you to get through to the Practitioner line? Last time I tried it took me over 2 hours of waiting...

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For what it's worth, I've been filing 8809 extensions for clients for years without a 2848 and never had an issue. The IRS is mostly concerned that the extension gets filed on time. Just make sure you have your EFIN or PTIN on the form as required. Also, remember that Form 8809 gives an automatic 30-day extension for 1099-NEC now - you don't even need to provide a reason for the extension request!

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Thanks everyone for the helpful responses! This definitely clears things up for me. I'll go ahead and file the 8809 without the 2848 since I already have a service agreement with this client. And I'll look into getting 2848 forms for all my clients going forward as a best practice. Really appreciate all the insights!

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