Mom has dementia, just got to oregon

Forum|Forum|2 years ago
April 27, 2024
2 replies
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Had no idea she was ill going threw her papers she has filed everyyear she gets social security and pension from my dad who has passed.taxes for this year has not been filed and its passed the 15th it is now the 26th what do i do does she still need to file and im POA but she can still sign her name what do i do shes late and no extension ???? .

DoninGA

Employee

She can still file a 2023 tax return. If she is getting a tax refund or has no taxes owed there are no penalties for filing after the due date.

TurboTax can be used to e-file a 2023 tax return at any time on or before October 15, 2024.

Cintauvo Author

She had no extension.and im POA she can still sign her name ...how do i make sure she doesnt get penalized she owes no back taxes except for 2023 and only gets social security, and my deceased dads retirement pention and she has dementia. So im really confused on this whole situation.

Opus 17

Employee

Be aware that if your mom is not competent, she can't sign a power of attorney. If she is still competent (but needs help) then you should fill out and both sign IRS form 2848. Of course the IRS has their own POA form, because that's how bureaucracies work.

https://www.irs.gov/forms-pubs/about-form-2848

If she is no longer competent, the IRS still wants you to fill out as much of form 2848 as you can, and attach a copy of the actual POA form.

If she is still competent but needs help, she can e-file her own return (i.e. she can sit with you when you file and give you her verbal consent while you actually push the button.) If she is no longer competent, the IRS wants to you file on paper, sign your name as "personal representative", and attach form 2848 (with a copy of your POA) instead of e-filing. You could probably get away with e-filing as long as you know her AGI from last year so you can get through the e-filing interview, but it is not technically correct.

As stated, you are still required to file even though you are late. There is no penalty if she is due a refund. If she owes taxes, the penalty for late filing is 5% of the amount owed per month for the first 5 months that she is late.