Sec. 752.114. TAX MATTERS. The language conferring authority with respect to tax matters in a statutory durable power of attorney empowers the attorney in fact or agent to:
(1) prepare, sign, and file:
(A) federal, state, local, and foreign income, gift, payroll, Federal Insurance Contributions Act (26 U.S.C. Chapter 21), and other tax returns;
(B) claims for refunds;
(C) requests for extensions of time;
(D) petitions regarding tax matters; and
(E) any other tax-related documents, including:
(i) receipts;
(ii) offers;
(iii) waivers;
(iv) consents, including consents and agreements under Section 2032A, Internal Revenue Code of 1986 (26 U.S.C. Section 2032A);
(v) closing agreements; and
(vi) any power of attorney form required by the Internal Revenue Service or other taxing authority with respect to a tax year on which the statute of limitations has not run and 25 tax years following that tax year;
(2) pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority;
(3) exercise any election available to the principal under federal, state, local, or foreign tax law; and
(4) act for the principal in all tax matters, for all periods, before the Internal Revenue Service and any other taxing authority.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle P - Durable Powers of Attorney
Chapter 752 - Statutory Durable Power of Attorney
Subchapter C. Construction of Powers Related to Statutory Durable Power of Attorney
Section 752.101. Construction in General
Section 752.102. Real Property Transactions
Section 752.103. Tangible Personal Property Transactions
Section 752.104. Stock and Bond Transactions
Section 752.105. Commodity and Option Transactions
Section 752.106. Banking and Other Financial Institution Transactions
Section 752.107. Business Operation Transactions
Section 752.108. Insurance and Annuity Transactions
Section 752.109. Estate, Trust, and Other Beneficiary Transactions
Section 752.110. Claims and Litigation
Section 752.111. Personal and Family Maintenance
Section 752.112. Benefits From Certain Governmental Programs or Civil or Military Service
Section 752.113. Retirement Plan Transactions