My son is incarcerated and Im not sure what to do about his taxes?

[hadbear1-]

My son is incarcerated and I need to know how he is suppose to file his taxes?

[dianne-clippinger]

Did you file his taxes and if he had a refund, how did you handle it, bank account or check??

[SherryM · Accepted solution]

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.

Please let me know if this helps or if you have further questions.

[Shwanmevans]

I have a power of attorney to do his taxes. How do I defile and send a copy of my power of attorney. So the refund goes in my account under my name

[br071588]

My son is incarcerated and he needs to file for the stimulus payments.  How do we do that since he is still incarcerated?

[ThomasM125]

You can prepare and file the return for him if you file IRS form 56 "Notice concerning fiduciary relationship" as that will appoint you as the personal representative of your son. This form will allow you to legally sign the return.

You can find the form here:

https://www.irs.gov/pub/irs-pdf/f56.pdf

[taxhelp2021]

I am facing the same issue.  Did this work for you and your son?

[AmyC]

You will need a power of attorney to file their taxes. You can use form 2848 and act as a representative for them in the tax matter About Form 2848, Power of Attorney and Declaration of Representative or you can use form 56 in which you are responsible and take their place in tax matters About Form 56, Notice Concerning Fiduciary Relationship.

Once you have the ability to file a return for them, you can file the return and include a copy of the form used for power of attorney.

I prefer the 2848, easy to use and less responsibility but both are good depending on your circumstances.

@br071588 @taxhelp2021

[NUNEZMISA64]

My son is incarcerated and he wants me to file his 2020 income taxes in order for him to get his stimulus package. 

[Cynthiad66]

Use TurboTax Free Edition to file for your son. Since he did not have any income, he just has to file federal to get his stimulus money. He does not have to file any state returns.

Related Resource:

• UPDATE: See Q B10: IRS Publishes Guidance on How to Obtain Stimulus Payments from Prison During 2021 Tax Season

Per @ErnieS0

[NUNEZMISA64]

No my son that is incarcerated wants me to file his 2020 income taxes so he can get a stimulus package. Can I file for him ?

[NUNEZMISA64]

Thankyou. Is there a certain form since he's incarcerated?

[ReneeM7122]

There is no special form to identify incarcerated individuals on their tax returns.  They simply must file a return and claim the recovery rebate credit to receive stimulus payments.

@NUNEZMISA64

[fanfare]

if you use TurboTax CD/Download  program you can prepare any number of tax returns.

Of those, up to five can be e-Filed.

when you e-File, your return is presumed to be signed.

[Katee_10]

I’m not sure where I would ask this question, but my boyfriend is incarcerated. He filed for taxes while incarcerated for this year but still has not received any of his stimulus checks starting from the 1st stimulus to the last one. I’m not sure what to do