Filing when husband is incarcerated for a year and a month

[rachelynn123]

How do I file when it comes to my husband being incarcerated? He has been incarcerated for one year and a month. Do I file head of household or do I file married but separately? I am so confused on what to do and I want to get ahead of this just in case I need a POA signed by him.. I do claim three children.

[DoninGA · Accepted solution]

You can file your 2024 tax return as Married Filing Jointly if your spouse agrees to file jointly.  If e-filing the 2024 tax return you do not need a physical signature on the tax return.

[Opus 17]

It's not clear if head of household would be allowed.  Incarceration may count as a "temporary absence" that would not fit the definition of "lived apart for the last half of the year."

Even if HOH would be allowed, married filing jointly will usually result in lower taxes, especially considering that your spouse will not have much income this year.  Joint filing is allowed as long as you both agree.  If you visit your spouse, there is an IRS POA form for taxes only that you could have him sign, just to cover your bases.  But you would not need it if you plan to e-file, it would just be a backup in case there was a dispute later.

https://www.irs.gov/forms-pubs/about-form-2848