PatriciaV
Employee Tax Expert

Get your taxes done using TurboTax

Yes, even those US citizens currently in jail are required to file a tax return if they had taxable income during the year.

Generally speaking, if you are still married as of December 31, and your spouse is incarcerated, you will still file as if your spouse is living with you.

As a married couple, you have two filing choices: married filing jointly and married filing separately:

1. If you file a joint return with your incarcerated spouse, you cannot claim your spouse as a dependent. Your spouse will still need to sign the return.

2. If you file separately, you won't receive the exemption for your spouse and you still cannot claim your spouse as a dependent.

You might work through the TurboTax interview screens to see if you meet all the requirements to file Head of Household, which may result in a better outcome for you.

After comparing your options, you can chose the filing status that provides the best outcome for you.

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