topic Re: If someone is incarcerated, can they still file their taxes. in Get your taxes done using TurboTax

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

aliche_hamler — Fri, 31 May 2019 23:47:32 GMT

A friend of mine was arrested and sent to prison without...

kellynaples13 — Fri, 31 May 2019 23:47:32 GMT

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?

[UPDATED APRIL 2017] If the person in question has taxab...

GeoffreyG — Fri, 31 May 2019 23:47:35 GMT

[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.

Thank you!

renatae1 — Fri, 31 May 2019 23:47:37 GMT

Thank you!

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

Vrkyh — Thu, 06 Feb 2020 19:31:54 GMT

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?

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

CatinaT1 — Thu, 06 Feb 2020 19:44:16 GMT

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

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

Vrkyh — Thu, 06 Feb 2020 23:36:37 GMT

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.

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

CatinaT1 — Thu, 06 Feb 2020 23:41:26 GMT

No, but you would be able to claim the grandson since he lived with you all year and the grandson did not provide more than half his own support.

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

Evillafane — Sun, 23 Feb 2020 23:10:33 GMT

@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

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

CatinaT1 — Sun, 23 Feb 2020 23:18:22 GMT

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.

Re: [UPDATED APRIL 2017] If the person in question has taxab...

marvel94 — Sun, 29 Mar 2020 19:07:43 GMT

Using a power of attorney can someone e-file (electronically) if they are incarcerated? Not as a dependent either.

Re: [UPDATED APRIL 2017] If the person in question has taxab...

DMarkM1 — Sun, 29 Mar 2020 19:50:30 GMT

Yes you can prepare and file taxes for someone else with their permission. They are responsible for the return outcome.

Re: My brother in laws wife in incarcerated for a couple of years. Can he file her taxes for her?

Young32779 — Tue, 31 Mar 2020 22:20:17 GMT

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

Re: My brother in laws wife in incarcerated for a couple of years. Can he file her taxes for her?

macuser_22 — Tue, 31 Mar 2020 22:23:39 GMT

@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

Re: My brother in laws wife in incarcerated for a couple of years. Can he file her taxes for her?

LeonardS — Tue, 31 Mar 2020 22:28:00 GMT

Yes, he can file his wife's tax return. His will need to have his wife complete Form 2848, Power of Attorney authorizing him to file her tax return.

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

Vdali — Wed, 08 Apr 2020 15:28:19 GMT

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?

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

macuser_22 — Wed, 08 Apr 2020 15:37:52 GMT

@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.

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

lilbishhx215 — Mon, 13 Apr 2020 10:56:24 GMT

I am not certain but I believe YOU can actually claim your son as a dependent if you put money on his books during his bid.

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

jacquelynwood2311 — Thu, 16 Apr 2020 00:23:55 GMT

Absolutely! Your son can claim his son as a dependent as long as you are not claiming him yourself. He was in jail not prison correct? If he were to be in prison that is not the same and whoever took care of him would only be able to claim him. But 100% your son can claim his son. If you wanted to claim your grandson yourself since he was in your care while your son was in jail you would have that right. You would have to show records indicating he was in jail for most of the time. If you are all in agreement of who is going to claim him then it is no problem. I just got out of jail and have gone through the same thing. I was able to claim my girls for 2018 no problem.

Re: My brother in laws wife in incarcerated for a couple of years. Can he file her taxes for her?

lotsofcats2845 — Thu, 16 Apr 2020 21:11:22 GMT

My son is 35. He was in prison for all of 2016, 2017, 2018, 2019. I provided an average of $200 per month for his canteen fund and medical expenses. Can I claim him as a dependent?