Good morning,
What is the quickest process to get authorization approved by CRA for POA for property. Whether it is for a deceased taxpayer or someone who signs tax documents for another taxpayer?
After submitting the T1013. (OK. OK), the message 'The CRA is awaiting documents related to the power of attorney. Does anyone know what are the proper steps in RAC to submit the scanned documents?
Is it the quickest way?
For a deceased taxpayer who did not leave a will, POA, is the quickest way to get authorization to file the form RC552? (File I have in mind mailing a hard copy),
This whole subject is really frustrating to me, as I did not develop a proper process and have no answer to clients how long it will take.
I donât know a quick way. A POA dies with the person. For a recent client I used RAC to submit certified copies of the will and grant of probate. Six weeks and still waiting.
We have some authorizations for deceased clients that we sent
electronically with new signed authorization, copies of will and death
certificate all thru the online portal - IN NOVEMBER - still
nothing. They keep telling us this is now the new way of doing things
and it will be quicker. Not.
One file we called on to see where it was at and they refused to even
look it up. Nice
So far, you have no lawful authority to do anything for this deceased person.
So far, you have no lawful client asking you to.
(Actually, in respect of the deceased, you have no client at this time).
You should recommend that the âcommon lawâ person go away, go speak to a lawyer, and if they can come back with, well, an actual legal document, they might be able to hire you using that.
In Alberta, if there is no will or the will is not valid because it does not meet the legal requirements for a will in Alberta and the court has not declared the will to be valid, certain individuals can apply for a Grant of Administration through the court. This is required to legally administer the Estate under Albertaâs Estate Administration Act. Other provinces may differ.
Nor is submission of a Will for auth on an Estate, even though also electronically uploaded. Itâs called âDue Diligenceâ.
If there is money owing on a return to be filed, the smart thing to do is have the executor (or responsible person) pay the estimated amount owing and file when authorized to do so in a legally effective manner.
With a deceased person who is intestate, a parent or guardian can act and file the RC552 with CRA for authorization. If there is significant property to deal with, yes, they will need to go to a Court to get same. (Oddly, in BC, ICBC will accept a transfer - eventually - signed by a parent, as I had a client who committed suicide and left his mom holding the proverbial bag. She was able to act with ICBC to sell his vehicle (his only property) and we filed an RC552 with CRA.)
We do the same as a couple of people mentioned here.
Submit electronically and then immediately send all documents through Rep a Client - update to owner/legal rep
There seems to be a random element involved. POA/Deceased authreps we submitted before April 5 or so have gone through, but not all. We also have one from Feb that has not gone through and CRA has no idea why itâs not working (their words) and one that has been submitted 3 times since June of last year. We canât even do that one without authorization as the executors are just friends named in the will and have no idea/records of previous years.
I got flagged for a Rep A Client survey couple of days ago and ranted extensively on this issue. As professional tax preparers they trust us that the taxpayer has signed the authorization, why is it different for POA/Deceased? Give us immediate access as with the others and follow up for documentation if needed. It really should not be this difficult.
" they trust us that the taxpayer has signed the authorization, why is it different for POA/Deceased? "
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Very wise of CRA.
All you have to do is browse around these and other forums for the number of posts from people attempting to file for eg a deceased who do not have any clue as to the background legal situation necessary.
It seems like some practitioners just take âwhomever shows up with the infoâ as being âauthorizedââŚsadly, there is a thing called Due Diligence which many seem to either ignore of simply have no clue about.
The question asked, what the quickest way was to get the authorization for POA.
Yet, you Guys add a whole theory on how CRA checks legality of âwhomever shows up with the infoâ taken by practitioners, instead of being helpful or not show up.
Yes, with all this talk about the quickest way to get POA authorization for a deceased, and in the absence of an engagement and a client, possibly about time to call quod erat demonstrandum.
Some of us are more careful than others. There has been a history on this (very public) forum of people simply stating that they (or their purported client) have the authority to act on behalf of deceased individuals and proceeding as if that were true. In some cases, based on their own writing, it was not accurately stated. You may, or may not, be aware of this history.
âQuickâ should not be the operative concern for a practitioner.
âAuthorizedâ is of more concern.
Sometimes the two conflict.
This is especially important in cases of intestacy. If you act in an unauthorized fashion YOU may be liable as well for losses or costs.
Once you have established that an individual either has authority, or is applying to CRA for such authority, that is a different matter. Neither of those tends to be, however, âquickâ.
Iâll add as a side note: many people, practitioners included, do not understand the extent, or lack thereof, of a POA. Any POA executed by a living individual dies with that individual. Thereafter, there is either an executor or an authorized legal representative.
Form 552 is an âapplicationâ, not an âauthorizationâ. CRA may accept or reject same, and may require various proofs and/or a court order:
The answer to your question is NOONE KNOWS! Not even the CRA reps. I used this process twice in March and still nothing. Last year same process took one week. When I called CRA to ask whatâs up, the rep told me that I had the process wrong⌠she said that the legal representative/executor had to sign up for RAC and submit it themselves! Clearly thatâs incorrect. So no⌠there is no quick way sadly and if there is, itâs a big secret.
Clearly thatâs incorrect. So no⌠there is no quick way sadly and if there is, itâs a big secret.