Cal. Code Regs. tit. 18 § 5523.1

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 5523.1 - Power of Attorney
(a) Requirement. The Board or Board Staff may require a taxpayer to complete a Board approved Power of Attorney in order to authorize another person or persons to act on the taxpayer's behalf.
(b) Form. The Power of Attorney shall include the following information:
(1) Taxpayer's name, telephone number, taxpayer identification number(s), account or permit number(s) and mailing address;
(2) The name, address (including e-mail, if any), and telephone and FAX number of the appointed representative(s);
(3) The tax matters in which the representative is authorized to represent the taxpayer; the scope of the representative's authority; and the tax period(s) for which the authorization is granted;
(4) A statement that the Power of Attorney revokes all prior Powers of Attorney, with any exceptions to the revocation;
(5) The time period during which the Power of Attorney shall be in effect; and
(6) The signature(s) and title of all affected taxpayers and the date of signature.
(c) In lieu of the standard form described in subdivision (a), Board Staff will accept any written document containing substantially all of the provisions required by subdivision (b), including but not limited to a statutory form power of attorney complying with the provisions of Probate Code section 4401.
(d) If an issue arises as to a representative's authorization under any power of attorney, Board Staff will forward the document to the Chief Counsel, who will determine its legal effect.

Cal. Code Regs. Tit. 18, § 5523.1

1. New section filed 1-7-2008; operative 2-6-2008 (Register 2008, No. 2).
2. Change without regulatory effect amending subsections (a)-(b) and NOTE filed 7-30-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 31).

Note: Authority cited: Article XIII, Section 11, California Constitution; Sections 15606 and 15640, Government Code; and Sections 251, 1840, 11651, 13170 and 32451, Revenue and Taxation Code. Reference: Sections 15606 and 15640, Government Code; and Sections 254.5, 254.6, 742, 748, 1840, 5148, 12429, 12636, 12637, 12951, 12977, 12978, 12981, 32255, 32256, 32256.5, 32257, 32302, 32312, 32313, 32401, 32402, 32402.1, 32404, 32407 and 32440, Revenue and Taxation Code.

1. New section filed 1-7-2008; operative 2-6-2008 (Register 2008, No. 2).
2. Change without regulatory effect amending subsections (a)-(b) and Note filed 7-30-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 31).