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IRS memorandum outlines powers of attorney authorization for TEFRA partnerships

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In a generic legal advice memorandum (GLAM) released April 3, the IRS Office of Associate Chief Counsel (Procedure & Administration) addressed the question of who is authorized to sign a power of attorney (POA) to appoint a representative for a partnership or limited liability company (LLC) that is being examined by the IRS in a Tax Equity and Fiscal Responsibility Act (TEFRA) partnership-level proceeding.

GLAM 2015-004 states that a general partner of a partnership, or a member-manager of an LLC, may sign a POA for purposes of the TEFRA examination or for other purposes of the partnership. In addition, a POA may be secured from a limited partner or LLC member for the purpose of securing partnership item information and disclosing partnership information to the IRS.

A general partner or managing member, if authorized by state law, can execute and sign a POA on behalf of the partnership or LLC, whereas a limited partner or a member who is not a manager cannot generally act on behalf of the partnership or LLC. Those limited partners or members who are not managers may execute a POA only in their individual capacity, according to the GLAM.

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David Auclair
+1 202 521 1515
david.auclair@us.gt.com

Shamik Trivedi
+1 202 521 1511
shamik.trivedi@us.gt.com

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