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sarachaney
Returning Member

husband in prison in another state

I want to file our federal taxes jointly. We live in different states. Do we have to file jointly for state taxes? I have never lived or worked in his state He has never lived or worked in my state. 

3 Replies
HelenC12
Expert Alumni

husband in prison in another state

A person is unlikely to be considered a resident of a state if that person’s only connection to the state is being incarcerated there. 

  • Most states have specific residence laws for incarcerated people. Generally, incarcerated people retain their home addresses as their official residence even when they are incarcerated across the states. 
  • Contact your Department of Revenue to review the residency requirements in your state.

 

Note: If the inmate performs services for any payor, even a private company, while in jail, the wages received are not earned income for the CTC or EITC. Additionally, the status of where the inmate performs the work is irrelevant for the above rule. Ineligible income also includes amounts paid for work performed while in a work release program or while living in a halfway house.

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sarachaney
Returning Member

husband in prison in another state

He lived in Illinois before his incarceration and has never lived in my state. Can I do state taxes for me only? I live in Louisiana?

JohnW152
Expert Alumni

husband in prison in another state

Yes:  if you file jointly on your federal return, Louisiana law requires that you file jointly on your state return, as well.

See Lines 1-5 – Filing status in the Instructions for Preparing Your 2020 Louisiana Resident Income Tax Return Form (IT-540).

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