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Overview

In the labyrinth of paperwork that individuals and entities navigate while dealing with unclaimed property matters in Arizona, the Arizona Form 285UP, known as the Unclaimed Property Disclosure/Representation Authorization Form, emerges as a vital document. Designed by the Arizona Department of Revenue, this form facilitates a seamless process for claimants to declare their information, appoint representatives, and explicitly authorize them to handle unclaimed property on their behalf. It encompasses sections requiring detailed claimant information, including their name, social security or federal employer identification numbers, and current address. Significantly, it introduces an appointee or designee section where claimants can nominate individuals, along with their professional credentials, to act as their representatives. More than just a nominal authorization, the form delves into granting specific powers to these appointees – from claiming and collecting unclaimed property to requesting formal hearings. The scope of authorization ranges from limited to full power of attorney, underscoring a flexible yet robust framework for representation. Additionally, the form accounts for corporate concerns by allowing principal corporate officers to designate recipients of confidential information regarding controlled subsidiaries. With provisions to revoke prior authorizations and a staunch warning against fraudulent submissions, the Arizona 285UP Form embodies a comprehensive tool for managing unclaimed property matters, ensuring claimants can navigate the process with clarity and confidence.

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ARIZONA FORM

Unclaimed Property Disclosure/Representation Authorization Form

 

285UP

 

ARIZONA DEPARTMENT OF REVENUE

 

 

 

 

 

 

 

 

 

1. CLAIMANT INFORMATION - Please print or type.

 

Enter only those that apply:

 

Claimant name

 

 

Social Security Number(s)

 

 

 

 

 

 

Present address

 

 

Federal Employer Identification Number

 

 

 

 

 

 

City, town or post office

State

Zip Code

Daytime telephone number

 

 

 

 

(

)

2. APPOINTEE/DESIGNEE OF CLAIMANT INFORMATION

 

Provide Number, as applicable:

 

Name

 

 

State and State Bar Number

 

 

 

 

 

 

Present address

 

 

State and Certified Public Accountant Number

 

 

 

 

 

 

City, town or post office

State

Zip Code

Social Security or Other ID Number

Daytime telephone number

()

3.RELEASE OF CONFIDENTIAL INFORMATION. The appointee named above is authorized to receive confidential information relating to the unclaimed property of the claimant named above. By signing this form, I authorize the Department to release confidential information of the claimant to the appointee.

To grant a limited power of attorney, complete section 4. To grant a full power of attorney, complete section 5.

4.LIMITED POWER OF ATTORNEY. Items 4a through 4e allow the claimant to grant additional authorization to the appointee named above with regard to Unclaimed Property administrative matters before the Department of Revenue. Please check the appropriate boxes. The additional authorization must be in accordance with Arizona Supreme Court Rule 31. See instructions.

4a Appointee shall have the power to claim and collect unclaimed property on behalf of the Claimant.

4b Appointee shall have the power to sign a statute of limitations waiver on Claimant’s behalf.

4c Appointee shall have the power to execute a protest of a deficiency assessment or a denied claim or to execute an agreement on Claimant’s behalf. 4d Appointee shall have the power to request a formal hearing on Claimant’s behalf.

4e Appointee shall have the authority to delegate to others any or all authority granted to appointee by this document.

4f Other (please specify):

5. POWER OF ATTORNEY. By checking the box on line 5, the claimant named above grants the appointee named above a Power of Attorney to perform any and all acts that the claimant can perform with regard to Unclaimed Property administrative matters before the Department of Revenue.

6.REVOCATION OF EARLIER AUTHORIZATION(S). This Authorization revokes any earlier Unclaimed Property Authorizations on file with the Arizona Department of Revenue for the same year covered by this authorization.

ADOR 17-5535 (5/06)

AZ FORM 285UP (2006) PAGE 2

7.CORPORATIONS HAVING CONTROLLED SUBSIDIARIES. A.R.S. §42-2003(A)(1) provides that confidential information relating to a corporate taxpayer may be disclosed to a designee of the taxpayer who is authorized in writing by the taxpayer. A principal corporate officer of a parent corporation may execute a written authorization for a controlled subsidiary. A principal corporate officer of a parent corporation that desires to designate a person to receive confidential information regarding the corporation’s controlled subsidiaries must either attach a list containing the names of each controlled subsidiary that the parent company wants included in the disclosure authorization (a federal Form 851 may be used for this purpose) or Claimant may complete the following to include all controlled subsidiaries in the disclosure authorization.

Include the following controlled subsidiaries. A controlled subsidiary, for purposes of A.R.S. §42-2003, is defined as more than 50% ownership or control.

NAME

FEDERAL I.D. NO.

7a

7b

7c

7d

7e

7f

8.SIGNATURE OF CLAIMANT. I hereby certify that I have the authority, within the meaning of A.R.S. §42-2003(A), to execute this authorization form on behalf of the above claimant. I understand that to knowingly prepare or present a document which is fraudulent or false is a Class 5 felony pursuant to A.R.S. §42-1127(B)(2).

SIGNATURE

DATE

PRINT NAME

TITLE

9.DECLARATION OF APPOINTEE. Complete if Appointee has been given authority under Section 4 or Section 5 or is otherwise authorized to pratice law as defined in Rule 31 of the Arizona Rules of the Supreme Court.

Under penalties of perjury, I, the above named appointee, declare that I am one of the following:

a A full-time officer, partner, member or manager of a limited liability company, or employee if the individual qualifies under Rule 31(c)13 of the Arizona Rules of the Supreme Court.

b Attorney - an active member of the State Bar of Arizona.

c Certified Public Accountant - duly qualified to practice as a Certified Public Accountant in Arizona.

d Federally Authorized Tax Practitioner within the meaning of A.R.S. § 42-2069(D)(1). If appointee is engaged in practice with a federally authorized tax practitioner, provide the practitioner’s name and CAF number below:

_______________________________________________________

___________________________

PRACTITIONER’S NAME

CAF NUMBER

eOther - This may be any individual, providing the total amount in dispute, including tax, penalties, and interest is less than $5,000.00.

DESIGNATION

JURISDICTION

 

Enter a letter (a, b, c d or e).

(State)

SIGNATURE

 

 

 

If this Declaration of Appointee is not signed and dated, the representation authorization will be returned.

Mail completed form to:

Arizona Department of Revenue Unclaimed Property Unit

1600 W. Monroe Street Phoenix, AZ 85007

DATE

ADOR 17-5535 (5/06)

File Properties

Fact Name Description
Purpose of Form 285UP This form serves as a Unclaimed Property Disclosure/Representation Authorization, allowing the Arizona Department of Revenue to release confidential unclaimed property information and granting certain powers to appointed representatives.
Claimant Information Section Claimants must provide personal information such as their name, Social Security Number (or Federal Employer Identification Number for businesses), contact details, and mailing address.
Appointee/Designee Information Section This section requires information about the appointee or designee, including their name, professional identification numbers (if applicable), and contact details, authorizing them to act on the claimant's behalf.
Governing Law for Confidential Information Disclosure Arizona Revised Statutes (A.R.S.) §42-2003(A)(1) governs the disclosure of confidential information to authorized representatives, also outlining the criteria for corporate taxpayer disclosures to subsidiaries or designees.
Powers Granted through the Form Claimants can grant appointees various powers, including the authority to claim and collect unclaimed property, sign waivers, request hearings, and execute protests or agreements on the claimant's behalf, pursuant to Arizona Supreme Court Rule 31.

Instructions on Writing Arizona 285Up

Completing the Arizona Form 285Up, Unclaimed Property Disclosure/Representation Authorization Form, is a necessary step for granting another individual or entity the authority to act on your behalf in matters related to unclaimed property with the Arizona Department of Revenue. This process is designed to authorize an appointee to receive confidential information or even to take action regarding unclaimed property. Carefully following the provided instructions ensures the form is completed correctly and promptly, facilitating a smoother process for both the claimant and the appointee/designee.

Steps to Fill Out Arizona Form 285Up
  1. Claimant Information: Provide complete information for the claimant. This includes the claimant's name, Social Security Number(s) (if applicable), present address, Federal Employer Identification Number (if applicable), city, town or post office, state, zip code, and daytime telephone number.
  2. Appointee/Designee of Claimant Information: Fill in the information for the appointee/designee. Required details include the appointee’s name, State and State Bar Number (if applicable), State and Certified Public Accountan Number (if applicable), present address, city, town or post office, state, zip code, Social Security or Other ID Number, and daytime telephone number.
  3. Release of Confidential Information: By signing this section, you authorize the Arizona Department of Revenue to release confidential information about the claimant’s unclaimed property to the named appointee/designee.
  4. Limited Power of Attorney: If granting limited power of attorney, check the appropriate boxes (4a through 4e) to specify the powers being granted to the appointee/designee. This section allows selection of specific actions the appointee is authorized to carry out on the claimant’s behalf, including the power to claim and collect unclaimed property, sign statute of limitations waivers, and more.
  5. Full Power of Attorney: To grant full power of attorney to the appointee/designee, simply check the box in line 5. This grants the appointee/designee broad authority to act on the claimant's behalf in all matters related to unclaimed property before the Department of Revenue.
  6. Revocation of Earlier Authorization(s): Filling this section revokes any earlier unclaimed property authorizations on file with the Arizona Department of Revenue for the same year covered by this authorization form.
  7. Corporations with Controlled Subsidiaries: If applicable, provide a list of all controlled subsidiaries (as defined in A.R.S. §42-2003) including their names and Federal I.D. numbers. This section is only necessary if the claimant is a parent corporation designating someone to receive information for its controlled subsidiaries.
  8. Signature of Claimant: The claimant must sign and date the form, certifying their authority to execute this authorization on behalf of the named claimant. The claimant’s printed name and title (if applicable) should also be included.
  9. Declaration of Appointee: The appointee must complete this section, signifying their designation and jurisdiction. They must indicate their role (a through e) and provide a signature and date to validate the form.

Upon completing the form, mail it to the Unclaimed Property Unit at the specified address provided in the document. By systematically following these steps, you ensure that all necessary permissions are correctly set in place for the appointed individual or entity to act efficiently and effectively on your behalf regarding unclaimed property matters with the Arizona Department of Revenue.

Listed Questions and Answers

What is the Arizona 285Up form?

The Arizona 285Up form, officially known as the Unclaimed Property Disclosure/Representation Authorization Form, is a document used by individuals or entities to authorize another person or entity to act on their behalf in matters related to unclaimed property with the Arizona Department of Revenue. This includes the authority to claim and collect unclaimed property, sign waivers, execute protests, request hearings, and grant full power of attorney for unclaimed property administrative matters.

Who needs to file the Arizona 285Up form?

Any individual or entity wishing to appoint another party to represent them in matters of unclaimed property with the Arizona Department of Revenue should file the form. This might include individuals who have moved frequently, executors of estates, or businesses managing assets for others.

What information is required to complete the form?

The form requires details about the claimant including name, social security number or federal employer identification number, address, and telephone number. It also requires information about the appointee, such as name, certification numbers if they are a professional (e.g., attorney or CPA), address, and contact information. Specific permissions for what the appointee is allowed to do on behalf of the claimant must also be completed.

How can someone grant a limited power of attorney on the 285Up form?

A limited power of attorney can be granted by completing section 4 of the form. This section allows the claimant to specify the exact powers granted to the appointee, such as the ability to claim and collect unclaimed property, sign statute of limitations waivers, execute protests or agreements, and request formal hearings on the claimant's behalf.

Is it possible to grant a full power of attorney using this form?

Yes, by checking the box in section 5, a claimant grants their appointee full power of attorney. This enables the appointee to perform any and all acts the claimant could with regard to unclaimed property matters before the Department of Revenue.

Can earlier authorizations be revoked using the Arizona 285Up form?

Yes, section 6 of the form is designed for this purpose. By completing this authorization, any earlier unclaimed property authorizations filed with the Arizona Department of Revenue for the same tax year are revoked.

How does a corporation handle controlled subsidiaries with the 285Up form?

A principal corporate officer can use the form to designate an individual to receive confidential information or manage unclaimed property matters for controlled subsidiaries. The form provides a section to list controlled subsidiaries or reference an attachment with this information.

What certifications are necessary for an appointee?

The appointee must declare their qualification under one of the categories listed in the declaration section, such as being an attorney, certified public accountant, or other qualified individual depending on the case's specifics.

Where should the completed Arizona 285Up form be sent?

Once completed and signed, the form should be mailed to the Arizona Department of Revenue Unclaimed Property Unit at 1600 W. Monroe Street, Phoenix, AZ 85007.

Are there penalties for misrepresenting information on the form?

Yes, knowingly preparing or presenting a document that is fraudulent or false is considered a Class 5 felony under Arizona law, as stated in the signature section of the form.

Common mistakes

When people fill out the Arizona 285UP form, which is essential for managing unclaimed property matters with the Arizona Department of Revenue, several common mistakes can compromise the process. Understanding and avoiding these errors can ensure smoother operations and reduce the risk of delays or complications.

  1. Incomplete Claimant Information: The first section of the form requires detailed claimant information, including name, Social Security Number(s), address, and contact information. A frequent mistake is not filling out this section completely or accurately. It's vital to ensure that all applicable fields are filled in and the information provided is current and correct. Missing or incorrect details can lead to processing delays or the outright rejection of the form.

  2. Not Specifying Appointee Credentials: The form requires the designation of an appointee or designee of the claimant, which involves providing specific numbers such as the State Bar Number for attorneys or the Certified Public Accountant Number for CPAs. Often, submitters neglect to provide these crucial details or input incorrect information. Such oversights can invalidate the authorization, preventing the appointee from acting on behalf of the claimant.

  3. Failure to Properly Authorize Power of Attorney: Sections 4 and 5 deal with granting limited or full power of attorney to the appointee. Incorrectly checking these boxes, or failing to complete the relevant sections when intended, undermines the legal authority granted to the appointee. It's important to review and select the appropriate options carefully to reflect the claimant’s wishes accurately.

  4. Overlooking the Signature Requirements: The form requires signatures from both the claimant and the appointee in sections 8 and 9, respectively. Neglecting to sign, using a mismatched name compared to the printed name, or forgetting to date the signatures are common pitfalls. These mistakes can void the entire submission, necessitating a resubmission and thereby prolonging the process.

Proper attention to detail and a thorough review before submitting the Arizona 285UP form can prevent these and other mistakes. Always double-check the form for accuracy and completeness to ensure your unclaimed property matters are managed efficiently and effectively.

Documents used along the form

When navigating the complexities of claiming unclaimed property in Arizona, particularly using the Arizona 285Up form, it's useful to be aware of additional documents that might be required or helpful in the process. These forms and documents can streamline the procedure, ensure compliance with state laws, and safeguard the rights of all parties involved.

  • Proof of Ownership Document: This document establishes the claimant's right to the unclaimed property. It could include bank statements, pay stubs, or any official document showing a direct link between the claimant and the property in question.
  • Affidavit of Heirship: If the unclaimed property belongs to a deceased person, family members or heirs may need to complete this form. It details the relationship between the deceased and the claimant, serving as a legal statement that supports the transfer of property in the absence of a will.
  • Death Certificate: In situations where the unclaimed property is being claimed on behalf of a deceased individual, a certified copy of the death certificate is often required. This document is crucial for validating the claim and is usually submitted along with the Affidavit of Heirship.
  • Power of Attorney (POA) Declaration: When a claimant prefers to have someone else act on their behalf in legal or financial matters concerning the unclaimed property, a POA declaration is essential. This document grants the designated person the authority to make decisions, sign documents, and essentially manage the unclaimed property claim as if they were the claimant themselves.

Understanding and gathering these forms in addition to the Arizona Form 285Up can make the process of claiming unclaimed property more efficient. Each document plays a crucial role in verifying identities, relationships, and authorities, ultimately facilitating a smoother transaction and transfer of unclaimed assets to their rightful owners.

Similar forms

Similar to the Arizona 285Up form, the IRS Form 2848, Power of Attorney and Declaration of Representative, allows individuals to appoint someone to represent them before the IRS, handling tax matters and receiving confidential tax information. This parallel exists because both forms involve granting another party the authority to deal with personal or business matters on the claimant's behalf, with specific focus areas being unclaimed property for the Arizona 285Up form and tax issues for IRS Form 2848.

The Uniform Power of Attorney Act (UPOAA) forms, adopted by many states to standardize the creation of power of attorney documents, also share common ground with the Arizona 285Up form. Although the scope of UPOAA forms is broader, encompassing financial and legal affairs in general, both types of forms involve designating authority to a representative to act on someone's behalf, with specific permissions and limitations.

Another document, the SS-4 Form used by the IRS for applying for an Employer Identification Number (EIN), shares a similarity in terms of providing critical information for identification and authority purposes, much like the Arizona 285Up form. Both forms require detailed information about the entity or individual, including social security numbers or federal EINs, to accurately process and authorize the request at hand.

Form 4506-T, Request for Transcript of Tax Return, is akin to the Arizona 285Up in that both documents facilitate access to confidential information. While the 285Up form deals with unclaimed property records and their disclosure, Form 4506-T allows individuals or designated parties to request past tax return information, showcasing the theme of authorized access to sensitive data.

Federal Form 851, Affiliations Schedule, is used by corporations to list all affiliated corporations for tax purposes. This is similar to the section in the Arizona 285Up form that addresses corporate taxpayers and their controlled subsidiaries. Both documents require disclosure of entities under a parent corporation's control, for different purposes but with a focus on authority and information sharing within corporate structures.

The Arizona Durable Power of Attorney forms, which allow individuals to designate someone to handle their financial affairs if they become incapacitated, also relate to the 285Up form in terms of representing another's interests. Though serving different main objectives—financial management versus claiming unclaimed property—the core idea of appointing a representative to act on one's behalf under specific conditions is consistent across both documents.

The Limited Power of Attorney forms, customizable per state, often tailor the scope of powers granted to an agent, similar to the checkboxes in item 4 of the 285Up form that detail specific authorities being granted. Whether for real estate transactions, vehicle sales, or other specified purposes, the principle of delineating specific powers or tasks to an agent echoes throughout both forms.

The Declaration of Representative form, utilized in various legal and administrative processes, shares a similar concept with the 285Up form’s declaration section. It’s about officially recognizing the appointed individual’s authority and qualifications to act on behalf of another. Both documents include declarations that ensure the representative is duly authorized and acknowledges their responsibilities, underscoring the framework of accountability and legal delegation of authority.

Dos and Don'ts

Filling out government forms can be a meticulous process, and the Arizona 285UP form for disclosing and authorizing representation for unclaimed property is no exception. To ensure accuracy and avoid any potential issues, here's a lookout list of dos and don'ts.

  • Do ensure all the information provided is correct and up to date. This includes double-checking social security numbers, addresses, and any tax identification numbers.
  • Do thoroughly read the instructions for each section to understand what is required. This can prevent common mistakes that may delay processing.
  • Do use black ink if filling out the form by hand. This ensures the document is legible and can be scanned or photocopied without issues.
  • Do complete the "Claimant Information" section with the utmost care, as this information is crucial for identity verification and ensuring the property is rightfully claimed.
  • Do sign and date the form where required. An unsigned form can lead to delays or the rejection of the application.
  • Don't leave any applicable sections incomplete. If a section does not apply, consider marking it as N/A (not applicable), ensuring the department knows you didn't simply overlook it.
  • Don't forget to specify the capacity in which you are filling out the form if you are not the claimant but acting on behalf of one, such as a legal officer of a corporation or the claimant’s designee.
  • Don't ignore the revocation of earlier authorization(s) section if it applies. This ensures there is no confusion about your current representation if there have been previous filings.
  • Don't hesitate to reach out for help if there's confusion or uncertainty about how to properly complete the form. It's better to ask for clarification than to submit incorrect or incomplete information.

By following these guidelines, you'll be in a better position to successfully navigate the process of authorizing representation or disclosing unclaimed property with the Arizona Department of Revenue. Always remember, when in doubt, seek guidance to ensure compliance and accuracy.

Misconceptions

There are several misconceptions about the Arizona Form 285UP, an essential document for managing unclaimed property in Arizona. Understanding these points is crucial for claimants and their appointees.

  • Misconception #1: The form gives unlimited control over assets. In reality, the Arizona 285UP form allows for specific powers to be granted to an appointee, which can range from claiming property to signing waivers. These powers are defined and limited as per sections 4 and 5 of the form.

  • Misconception #2: Anyone can fill out and submit the form. Although it appears straightforward, the claimant and the appointee need to meet specific criteria. For instance, the appointee must be authorized to practice in certain professions as per section 9 of the form.

  • Misconception #3: The form immediately grants rights upon submission. In fact, the Arizona Department of Revenue must first process and approve the form. Until then, the powers specified do not take effect.

  • Misconception #4: The 285UP form is a universal document. This form is specific to Arizona and governs unclaimed property within this state only, guided by Arizona’s statutes and regulations.

  • Misconception #5: Filling out the form grants power over all of the claimant's assets. The form strictly relates to unclaimed property under the jurisdiction of the Arizona Department of Revenue and does not extend to other assets or property types.

  • Misconception #6: Representation authorization is permanent. The form includes a provision for revocation of earlier authorizations, meaning new forms can override previous designations as per section 6.

  • Misconception #7: The form is only for individual claimants. Section 7 demonstrates that corporations can also use the form to manage unclaimed property, specifically through designated officers for controlled subsidiaries.

  • Misconception #8: Signing the declaration of appointee section is optional. This section must be completed and signed for the authorization to be valid, ensuring that the appointee is legally allowed to act on behalf of the claimant.

  • Misconcentration #9: Only attorneys can be designated as appointees. While attorneys are commonly used, the form also allows for certified public accountants, federally authorized tax practitioners, and other qualified individuals as per the designated categories in section 9.

  • Misconception #10: The form covers judicial proceedings. The powers granted through this form are specifically for administrative matters before the Arizona Department of Revenue, not for representation in court or legal proceedings.

Understanding the specific provisions and limitations of the Arizona Form 285UP is crucial for effectively managing unclaimed property claims and ensuring that the rights and responsibilities of all parties are clearly defined.

Key takeaways

The Arizona 285Up form, or Unclaimed Property Disclosure/Representation Authorization Form, is a significant document for anyone dealing with unclaimed property matters in the state of Arizona. Understanding its use and components is crucial for an effective process. Here are five key takeaways to remember:

  • Personal and Designee Information: The form starts by requiring detailed information about the claimant, including name, identification numbers, contact details, and similarly detailed information about the appointee or designee. This ensures that both parties are properly identified for any actions related to the unclaimed property.
  • Authorization to Release Confidential Information: By signing the form, a claimant authorizes the Arizona Department of Revenue to release confidential information about their unclaimed property to the appointee named on the form. This step is essential for the appointee to act effectively on behalf of the claimant.
  • Limited vs. Full Power of Attorney: The form distinguishes between granting a limited power of attorney and a full power of attorney. The limited options are specified and restrict the appointee's actions to certain administrative matters. In contrast, the full power of attorney grants the appointee the ability to perform any act the claimant could, regarding unclaimed property matters before the Department of Revenue.
  • Revocation of Earlier Authorizations: Filling out and signing this form automatically revokes any previously filed Unclaimed Property Authorization forms for the same year. This feature helps to prevent any confusion or overlap in representation and ensures that the latest form submitted is the one in effect.
  • Special Provisions for Corporations: The form accommodates corporate taxpayers who wish to disclose confidential information about controlled subsidiaries. This provision requires a principal corporate officer of the parent company to either attach a list of controlled subsidiaries or complete a section within the form, defining which entities are included under the authorization.

By thoroughly completing and submitting the Arizona 285Up form, claimants and their designees can navigate the complexities of claiming unclaimed property with a clear authorization structure. It's imperative to follow the specified instructions closely to ensure that the submission is valid and effective, thereby smoothing the process of dealing with unclaimed property in Arizona.

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