If you are a tax lawyer, you already know the importance of Form 8821. As a lawyer, many times you will need to gather clients’ tax information and forms 8821 can make this happen smoothly. Your client will have to fill out and sign IRS Form 8821: Tax Information Authorization. This taxpayer information form gives you all the necessary authority to view tax records and other essential information. With the help of this form, you will be rightly equipped to provide advice to your clients.
This blog is your complete guide to understand what is form 8821, why you should file for the 8821 form, and more.
What is IRS Form 8821?
IRS form 8821, also known as Tax Information Authorization. It is a way of telling the IRS that you are allowing an individual or business to view your confidential tax information. Without this form, you can get any confidential information from the IRS. You have to ask your client to fill and sign this form for you to access particular tax information.
By filling out this form, your client gives you permission to share their records directly with you. It is an easier way for lawyers to collect and review any required financial information.
Why File IRS Tax Forms 8821?
Filing tax information authorization form 8821 is the best for your client’s case in many ways. Here are some of the common areas where it can be helpful to you:
Receiving IRS Notices
One of the major reasons why you should be filing form 8821 with a client is that you will also receive IRS notices. So when your client reviews any notice from the IRS, it will be sent to you also if authorized. The best part is you will receive that notice a day before or more from your client. This means you can start working on any IRS or tax related issue beforehand only. It is a good way of showing your clients the value you hold even outside the tax season.
Client Comfort Level
The form does not give you any authority to act on your behalf. This security makes clients less hesitant to sign the firm. As it is less intrusive than the power of authority, your clients are more comfortable in signing these forms. It is bound by a specified period, so when the period will be over, the form will expire. So, in case it is required for a longer period, it should be specifically revoked.
Automatic Expiration
The form 8821 expires automatically. Which makes it a perfect option in situations where some tax-related information of clients is required and full representation is not needed.
List Your Firm
The good part about Form 8821 is that you can simply list your firm or practice as the appointee on the form. This gives anyone in the firm or practice to have authorization to obtain clients’ information, unlike the power of attorney.
This comes in handy when a team is working on the case, or someone else has to obtain the client’s information on your behalf.
Understanding the Differences Between IRS Form 8821 vs 2848
Before we talk about the difference between IRS Form 8821 vs 2848, let’s take a look at similarities. Both RS Form 8821 and Form 2848 work as a tool that authorizes third parties to interact with the IRS.
Now let’s dig into form 8821 vs form 2848:
Form 8821 is strictly for sharing tax information with a third party. On the other hand, Form 2848 is known as the Power of attorney.
Form 8821 only allows the third party to gain information regarding the taxpayer but does not grant them any authority of representation. While on the other hand, Form 2848 grants the authorized individual full representation rights.
The individual with Form 8821 authority can’t take a decision on your behalf in front of the IRS, while Form 2828 allows representation on your behalf. The individual or business can take actions such as filing appeals or negotiating settlements.
When to File IRS Form 8821
There are a few situations where you should be filing taxpayer authorization form 8821:
Estate Planning and Probate: If you are an estate lawyer, you should consider filing form 8821. As a lawyer, you might want to view past tax returns and financial statements for offering advice to clients on estate planning. They might also need advice on tax liabilities and tax compliance, which will require IRS.
Business Transactions or Structuring: Now if you handle merger and acquisition or your client is involved in any kind of merger and acquisition, you may need Form 8821. As you may have to review the business tax records to understand potential tax implications, ensure due diligence, and properly advise clients for transactions.
Bankruptcy Proceedings: Bankruptcy is one of the major areas where you will need to have Form 8821. If any client files for bankruptcy, you will have to understand the tax liabilities of clients and address them during the bankruptcy process. By reviewing your client’s tax records, you can ensure all the debts are represented and managed properly.
Understanding Tax Information Authorization
The Form 8821 tax information authorization authorizes designated individuals and businesses to receive the confidential tax information of the client. This information can be received verbally or in writing from the IRS for a specific time period. You should understand all the instructions for Form 8821 before asking clients for authorization.
It provides professional tax payers such as Certified Public Accountants (CPA), Enrolled Agents (EA), or anyone who prepares taxes as a profession to gain visibility into tax records of the individuals. Not just that, it also allows lawyers to gain insights into their clients’ records whenever required for the case or estate planning.
For example, a small business owner might be using Form 8821 to authorize their accountant for tax preparation. A law firm might use Form 8821 for gathering information of clients’ client’s tax records. A bankruptcy lawyer may be using the same form for filing bankruptcy on behalf of the clients.
One of the most crucial things that individuals and organizations need to understand is that Form 8821 does not permit any representation before the IRS. Neither does the form require any kind of license for the use, which makes it more accessible to a wider range of professionals.
Rights and Limitations of Authorized Individuals
The tax form 8821 comes with certain limitations of its own. When you have authority of 8821 form, you have permission to receive and review the tax information of an individual, business, or organization. But you don’t have any rights to make decisions, represent clients of the IRS, sign documents, or take any crucial decisions. But if you are looking for more rights and authority for representation to act on behalf of your clients, you will need form 2848.
Benefits & Risks Associated with Sharing Tax Information
When you ask your clients for their tax information, they will be having questions and some might even feel conscious of sharing this information with you. But stating the benefits that are associated with sharing tax information can help with the situation.
More accurate and informed advice: You can get more accurate information for which you don’t even need to buzz clients constantly. It is easy to access tax information based on what the IRS has. For example, if your client fills the form 1099s, you will get access to them without even asking from clients.
Faster help: With the help of the 8821 form, you will receive all the IRS notices even before your client. This gives you a better chance to work more efficiently with the client and helps you efficiently help them to resolve their issues.
If just in case, at times your client forgets to receive the IRS notice at least, you will have the notice which ensures that none of the matter is missed or forgotten.
Reduced workload for your clients: After the client fills out an 8821 form for tax information authorization, their workload gets reduced to share tax records. They don’t have to continuously share information with you. Their involvement becomes limited, which reduces their workload in terms of tax information updates.
The Bottom Line
If you are a lawyer dealing with anything related to tax, you should ask your clients to file IRS form 8821. And if you are an individual or organization who is taking help from a lawyer or other professional in a matter of tax signing, form 8821 can help in providing tax authorization to third-party without your involvement. We have covered everything that you need to know about the form 8821 in this blog.
Disclaimer: This blog is to share knowledge and just for informational purposes only. It does not constitute legal, business, or tax advice.
Frequently Asked Questions
In most of the cases, the IRS form 8821 is valid for three years from the date of signature. After that, it expires and you will have to revoke it.
Yes, it is possible to revoke the IRS form 8821 by simply submitting a written statement for the same.
No, you don’t require filling out the IRS form every year, as it is initially valid for 3 years and then expires automatically.
Yes, it is possible to authorize multiple individuals for the IRS form.
No IRS form 8821 is not similar to the power of attorney aka form 2848. With Form 8821, you just allow a third party to get your tax information; they can not act or make decisions on your behalf. Whereas the power of attorney grants the right of decision-making and full representation.