holding some management or other position within the entity? My family members have a LLC and want me to prepare the tax return, which is fine with me, but since they are out of state I was going to sign and send it, but my title when I sign should be something that indicates I am not a partner, member, manager, etc. So can I use something like "tax preparer" or better yet "unpaid tax preparer" ?
If you are not a member of the LLC you must have a proper power of attorney specifically designating authority to sigh the return.
This response is for informational purposes only and is not intended for legal advice. IRS Circular 230 Disclaimer: To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein.
2 lawyers agree
Personal Injury Lawyer
You should not sign the LLC tax return as the Tax Matters Partner because this designation indicates that you are a partner of the LLC with authority to handle all IRS communications and administrative proceedings for the LLC.
If you are not compensated for preparing the tax return then you may not be considered as a tax return preparer (TRP) as defined under the Internal Revenue Code (IRC). As such, you may prepare the return but you are not required to sign the return because you are not a TRP under the IRC.
The materials you obtain from this website by Attorney Austen Na is for informational purposes only. The materials are not legal advice, and they are not intended to be legal advice. The materials do not necessarily reflect the opinions of Attorney Austen Na. The materials are not guaranteed to be complete, correct, or current. The use of this website does not create an attorney-client relationship between you and Attorney Austen Na. You should not act or rely on the materials from this website without consulting an attorney licensed in your jurisdiction for advice regarding your individual circumstances. We invite you to contact Attorney Austen Na with the NA Law Firm, and we welcome your calls, letters, and electronic mail. However, please do not send any confidential or privileged information to the NA Law Firm until such time when an attorney-client relationship has been established or you have received written agreements from the NA Law Firm to provide the legal services that you requested. Your communications with the NA Law Firm may not be considered as confidential or privileged unless an attorney-client relationship has been established or you have received written agreements to provide legal services for you from the NA Law Firm.
3 lawyers agree