Tex. Est. Code § 752.114

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 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.

Tex. Estates § 752.114

Added by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 1.01, eff. 1/1/2014.