TurboTax

File with experts
File your taxes
Experts at your fingertips

An expert helps with your taxes, or does them for you
TurboTax Expert Full Service

TurboTax Expert Assist

TurboTax Self-Employed
Prior year taxes
File myself
File myself
Do it yourself

We'll guide you step-by-step
TurboTax Do It Yourself

TurboTax Self-Employed

TurboTax Desktop
TurboTax Free

Activate your product

Prior year taxes
Business
Business
Business taxes

Get your T2 corporate return done right, your way
TurboTax Business

TurboTax Business Desktop
Tax situations
Tax situations
Tax situations

Find extra guidance for your big life moves
For investors

For 25 and younger

For self-employed

For new to Canada

For life changes
Resources
Resources
Resources

Explore tax tools, get tips, and read reviews
Personal income tax calculator

RRSP savings calculator

Learning hub

TurboTax support (FAQ)

TurboTax community
Pricing

Level 1

Question

If someone is incarcerated, can they still file their taxes.

Forum|Forum|7 years ago
May 31, 2019
24 replies
172 views

No text available

kellynaples13

Level 2

A friend of mine was arrested and sent to prison without having a chance (no bail) to execute a power of attorney. Can I, or how does he go about filing and getting his tax refund for 2013?

Anonymous

[UPDATED APRIL 2017]

If the person in question has taxable income that they need to report, then surely, they can still file an income tax return. They would be well advised, however, to ask permission from the prison / jail authorities on mechanically how they are allowed to do so (e.g., e-file or postal mail; or from within the facility itself or with outside assistance). They should be permitted to file a tax return as a matter of federal law, but the procedure may well vary by facility, so that's why it's a good idea to ask someone first.

Another important thing to keep in mind is that if the incarcerated individual has taxable income that they need to report, then it would be further crime, if you will, to not file a tax return . . . and we certainly wouldn't want to add potential charges of tax evasion onto whatever other legal troubles may already be existing. The government and the legal system wouldn't impose such a burden on the individual either, since it would really be unfair to deny an incarcerated person the right file an income tax return. Therefore, the law does indeed allow for the filing of tax returns for incarcerated persons, absolutely.

Thank you for asking this important question.

renatae1

Level 2

Thank you!

Vrkyh

Level 2

My son was incarcerated on March 10, 2019 and will be released March 2020. My son lived in our home with his son who he supports financially. Can my son claim his son as a dependent even though he was in in jail?

CatinaT1

Alumni - Intuit

I'm confused. You say your son lived in your home with his son, but then say he was incarcerated. To claim a dependent, the person must have lived with the tax payer for more than half the year. So, no, he will not be able to claim a dependent.

In order to be a qualifying child for dependency, the person must:

Be your son, daughter, stepchild, foster child, brother, sister, half-brother, half-sister, stepbrother, stepsister, or a descendant of any of them
Be under age 19 or under age 24 and a student at the end of the year OR permanently and totally disabled
Have lived with you for more than half of the year
Not have provided more than half of his or her own support
Not be filing a joint return for the year

**Say "Thanks" by clicking the thumb icon in a post. **Mark the post that answers your question by clicking on "Mark as Best Answer"

Vrkyh

Level 2

Yes, my son was incarcerated but his son (my Grandson) remained in the home that my son will return to when he is released.

My son although incarcerated, provided financial support for his son from income that he earned in 2019.

I wasn't sure if this would be under the category of exception.

Evillafane

Level 2

@CatinaT1 I seen that you said you can claim a stepchild. Now the question I have is do you have to adopt the child or be legally married to the mom? Asking because I was audited in 2015 for claiming a stepchild that lived with me for over 8 years at the time. Would appreciate the help. Thank you

CatinaT1

Alumni - Intuit

A stepchild relationship exists if you are legally married to the biological parent of the child. You do not need to adopt for the child to be your stepchild.

**Say "Thanks" by clicking the thumb icon in a post. **Mark the post that answers your question by clicking on "Mark as Best Answer"

Young32779

Level 2

Can my brother in law file taxes for his wife who is incarcerated in New Hampshire even if he has filed for a divorce?

macuser_22

Alumni - Champ

@Young32779 wrote:

Can my brother in law file taxes for his wife who is incarcerated in New Hampshire even if he has filed for a divorce?

To legally file for someone else you must have a valid power of attorney

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

Vdali

Level 2

I'm confused.

Federal prisons pay like 23 cents / hour for work but do not issue a W-2. Are prisoners required to pay taxes on that?

If not, do you just file a return saying they had zero income? (Since it's impossible to get an accounting from the Bureau of prisons).

How does a prisoner get the covid stimulus check?

macuser_22

Alumni - Champ

@Vdali wrote:

I'm confused.

Federal prisons pay like 23 cents / hour for work but do not issue a W-2. Are prisoners required to pay taxes on that?

If not, do you just file a return saying they had zero income? (Since it's impossible to get an accounting from the Bureau of prisons).

How does a prisoner get the covid stimulus check?

AFAIK prisoners are not eligible for the stimulus payment.

Many prisoners do have to file a tax return due to other taxable income. Just because a person is in prison does not mean that they do not own income producing assets.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

Breenman49

Level 2

I was with the understanding that prisoners do quallify as the covid relief bill didnt discount them and a Judge upheld their rights to this aid since they too( have families and responcabilities and have been affected) and have been affected even if they arent home to care for children they still can use that relief for their fams just the same as the rest of us...