South Carolina Form 2848, Power of Attorney and Declaration of Representative: Differences Between the State and Federal Forms

Burr & Forman
Contact

South Carolina requires submission of a Form SC2848, Power of Attorney and Declaration of Representative, in order for an attorney, CPA, or enrolled agent to represent a taxpayer administratively before the South Carolina Department of Revenue (SCDOR). This includes representation in examinations, audits, appeals, tax collection, and other administrative tax matters.

The Form SC2848 has important differences from its current IRS counterpart, including:

  • In the Form SC2848 is the notification that “All Notices and Communications will be sent to the taxpayer only.”, while the IRS practice is to send copies of all notices and communications regarding the taxpayer and the periods and taxes covered by the Form 2848 to both the taxpayer and the representative.
  • The IRS now requires separate Forms 2848 for each spouse (Part I – “Caution: A separate Form 2848 should be completed for each taxpayer”), while SCDOR does not and a single Form SC2848 can be submitted for a married couple.
  • The Form SC2848 generally has room to only identify up to three (3) representatives for a taxpayer, while the IRS Form 2848 now allows up to four (4) representatives.
  • While both IRS and SC forms authorize attorneys, CPAs, enrolled agents, and certain others to qualify for representation, the IRS form is broader and adds additional potential representatives as well (e.g. “Student Attorney” or “accounting student” working in a LITC or STCP).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Burr & Forman | Attorney Advertising

Written by:

Burr & Forman
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Burr & Forman on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide