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About Product
The LYD Power of Attorney limited to tax affairs allows the Principal to grant authority to the designated Attorney to manage their tax-related matters. This document is specifically tailored to handle tax affairs and is suitable for individuals who want to delegate their tax responsibilities to a trusted tax agent. The Attorney appointed through this POA will have the legal authority to represent the Principal before tax authorities, prepare and file tax returns, communicate with the Australian Taxation Office (ATO), and handle other tax-related tasks on behalf of the Principal.
It's important to note that this POA is a general power of attorney, meaning it ceases to be effective if the Principal becomes incapacitated. However, until that point, it grants the Attorney the necessary powers to act on the Principal's behalf for tax-related matters.
The Power of Attorney limited to tax affairs is a simple and user-friendly document available on the Light Year Docs platform. It is designed to provide a convenient solution for individuals who require assistance with their tax obligations while ensuring their affairs are handled by a qualified professional.
► Provided under Strategist membership.
► The master document has been signed off by LY Legal and is congruent with Australian law.
General Information
A Power of Attorney (POA) limited to tax affairs is a legal document that empowers the Principal to appoint an Attorney to manage their tax-related matters. With this POA, the Principal can delegate specific tax responsibilities to a trusted individual, usually a qualified tax agent, who will act on their behalf.
It's important to note that the authority granted through this POA is limited to tax matters and does not extend to other legal or financial decisions. The Principal retains control over all other aspects of their personal and financial affairs. Furthermore, it's essential to choose an Attorney who possesses the necessary expertise and trustworthiness to effectively manage the Principal's tax obligations.
The Power of Attorney limited to tax affairs is designed to offer a practical and efficient solution for individuals who require assistance with their tax responsibilities. By delegating these duties to a qualified tax agent, the Principal can have peace of mind knowing that their tax affairs are being handled competently.
Benefits
- It is simple and easy to complete document
- Efficient tax management through delegated tasks.
- Expertise and compliance with up-to-date tax knowledge.
- Convenience and flexibility in handling complex tax situations.
- Peace of mind knowing tax affairs are managed by a qualified professional.
Frequently Asked Legal Questions
Is this document a legal document?
All master documents have been signed off by LY Legal lawyers. Tony Anamourlis of LY Legal advises that “at no time, due to inbuilt legal protection and security measures can a user change or amend a document on the LYD platform that has been signed off by a practicing solicitor. To do so would result in the user drafting a document of a legal nature and engaging in the provision of legal services. In addition, it would be a breach of copyright. In our opinion when completing the form fields through the LYD platform, users and their employees are merely carrying out an administrative task which is not the provision of legal advice.”
However in some complex areas such as the insertion of a varied range of client instructions into a Will or other such documents the user must be mindful of the extent to which a document is being drafted by the user rather than merely the administrative task of completing a form where the relevant fields are inserted into the reviewed and signed legal document provided by LY Legal.
The above advice is born out of numerous cases dating back to Re Sanderson, Ex parte Law Institute of Victoria [1927] VLR 394, 397 where the Court held:
“if a person does a thing usually done by a solicitor, and does it in such a way as to lead to the reasonable inference that he is a solicitor – if he combines professing to be a solicitor with action usually taken by a solicitor – I think he then does act as a solicitor.”
Likewise in ACCC v Murray (2002) 121 FCR 428, 448 where Murray was building a franchise business that involved the legal writing and drafting of Wills from scratch based on the client’s personal circumstances. The Court held that this process was legal work.
Is the document easy to read?
All LYD products are written in plain English and assessed for readability. If at any time you come across any errors, please contact support@lyd.com.au.
What lawyers sign off on the LYD documents?
All LYD documents are prepared and signed off by LY Legal.
Are the LYD documents reviewed regularly?
All LYD documents form part of the LYD internal review process. We review all documents at least annually or when required to do so due to changes in legislation. Further details of this process and a review schedule is include on this website.
What is the Power of Attorney - Tax Affairs for?
A Power of Attorney limited to tax affairs focuses solely on tax-related responsibilities, empowering the Attorney to manage the Principal's tax obligations while excluding other legal or financial decisions.
Can a Power of Attorney limited to tax affairs be revoked?
The Principal has the right to revoke or amend the Power of Attorney as long as they have mental capacity to do so.
Does the Attorney have access to other financial or legal matters?
No, the Power of Attorney limited to tax affairs only grants authority for tax-related matters. The Attorney appointed under this POA does not have the power to access or make decisions regarding the Principal’s other financial or legal affairs, unless specified in a separate legal document.
How long does the Power of Attorney for tax affairs remain valid?
The Power of Attorney for tax affairs remains valid until it is revoked or amended by the Principal, the Principal loses capacity, passes away, or the Attorney becomes unable or unwilling to act on behalf of the Principal. It is important to regularly review and update the document as needed.
How long does this document take to assemble?
Depending on the complexity of the data, this document should take approximately 10-25 secs to assemble. If you experience timing outside of this please contact Support via the Surge app, alternatively please read this article for troubleshooting tips https://info.lightyeardocs.com.au/supportcentre/troubleshooting-longer-assembly-times-timeouts.