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New Member
posted Jun 4, 2019 9:57:03 PM

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

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

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1 Best answer
New Member
Jun 4, 2019 9:57:06 PM


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.

15 Replies
New Member
Jun 4, 2019 9:57:05 PM

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

New Member
Jun 4, 2019 9:57:06 PM


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.

New Member
Oct 9, 2019 9:34:12 PM

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

New Member
Jan 14, 2021 11:27:17 AM

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

Expert Alumni
Jan 15, 2021 11:34:20 AM

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

New Member
Jan 20, 2021 5:28:32 PM

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

Expert Alumni
Jan 21, 2021 3:12:45 PM

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

New Member
Mar 11, 2021 8:39:25 PM

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

Expert Alumni
Mar 12, 2021 9:44:19 AM

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:

Per @ErnieS0

New Member
Mar 19, 2021 6:30:28 AM

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 ?

New Member
Mar 19, 2021 6:32:22 AM

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

Level 9
Mar 19, 2021 8:13:17 AM

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

Level 15
Mar 19, 2021 8:19:08 AM

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.

New Member
Jul 1, 2021 7:16:11 AM

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 

Level 15
Jul 1, 2021 7:19:52 AM


@Katee_10 wrote:

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 


The IRS is seriously behind in processing 2020 tax returns.  This is due to many factors, such as the pandemic, completing processing of millions of 2019 tax returns, stimulus payments, unemployment compensation exclusion tax refunds., changes in the tax code by Congress in the middle of the 2020 tax season and the like.

 

Millions of taxpayers have not yet received there federal tax refunds.

 

Go to this IRS website for operational status - https://www.irs.gov/newsroom/irs-operations-during-covid-19-mission-critical-functions-continue

 

As of June 23, 2021, we had 17.5 million unprocessed individual returns in the pipeline. Unprocessed returns include tax year 2020 returns such as those requiring correction to the Recovery Rebate Credit amount or validation of 2019 income used to figure the Earned Income Tax Credit (EITC) and Additional Child Tax Credit (ACTC). This work does not require us to correspond with taxpayers but does require special handling by an IRS employee so, in these instances, it is taking the IRS more than 21 days to issue any related refund. If, as a result, a correction is made to any RRC, EITC or ACTC claimed on the return, the IRS will send taxpayers an explanation. Taxpayers are encouraged to continue to check Where’s My Refund? for their personalized refund status and can review Tax Season Refund Frequently Asked Questions.

 

What you should do: If you filed electronically and received an acknowledgement, you do not need to take any further action other than promptly responding to any requests for information. If you filed on paper, check Where’s my refund? If it tells you we have received your return or are processing or reviewing it, we are processing your return, but it may be under review. We’re working hard to get through the backlog. Please don’t file a second tax return or contact the IRS about the status of your return.