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New Member
posted May 31, 2019 4:46:19 PM

Can i claim a federal inmate as a dependant

I send money all throughout the year via westernunion using my debit card, so it can be proven. but just want to know if this is legal

1 11 9953
11 Replies
New Member
May 31, 2019 4:46:20 PM

Can you claim a federal inmate on tax return

Level 15
May 31, 2019 4:46:21 PM

Did you read the answers below?

New Member
May 31, 2019 4:46:22 PM

So I can claim head of household correct?

Level 15
May 31, 2019 4:46:24 PM

Someone who has been in a penal institution for any significant length of time is being supported by that institution. Money you have been sending would not even be close to half the support for the person. The money you give for incidentals is a gift, which is not deductible.  You cannot claim the person as a dependent.

New Member
May 31, 2019 4:46:24 PM

So do you even have to add them to your taxes at all if you can't claim them as a dependent

Level 15
May 31, 2019 4:46:26 PM

No you do not add them.

New Member
May 31, 2019 4:46:28 PM

so do i just file head of household but i claimed married on my W2

New Member
May 31, 2019 4:46:28 PM

Are you married to the inmate?  If so, you should probably file a joint return with them.  And you will get a personal exemption for them, but not because they are your dependent.

Level 15
May 31, 2019 4:46:30 PM

Agreed. A spouse is not "added as a dependent."  You file a Joint return, assuming he agrees.

New Member
May 31, 2019 4:46:32 PM

Hello qteepie420
We do apologize for the delay on the response. 

Claiming a dependent on your tax return increases your refund or decreases the taxes you owe.

The rules can be a tricky, however.

Below are answers to some frequently asked questions.

Can I claim myself as a dependent?

Not according to IRS rules.

A dependent is someone else who depends on you for support.

However, you can usually claim one personal exemption for yourself, provided that another taxpayer is not entitled to claim you as a dependent.

For example, if your parent (or someone else) has claimed you as a dependent in prior years, it's a good idea to check with them before filing your tax return.

Can I claim my spouse as a dependent?

No. The IRS doesn't let you claim your spouse as a dependent.

But don't worry. You're probably not missing out on a tax break.

When you file a return jointly, you and your spouse each receive an exemption from paying taxes on a portion of your income. The exemption is worth the same amount you would get for a dependent.

But what if my spouse and I use a filing status of married filing separately?

If you’re married filing separately, you can claim an exemption for your spouse if your spouse:

  • Had no gross income
  • Isn’t filing a return, and
  • Wasn’t a dependent for another taxpayer, even if the other taxpayer doesn’t actually claim your spouse.
Which relatives can I claim?

Certain relatives who qualify as your dependents don't necessarily need to live with you.

Here is a list of relatives who might qualify as your dependent, if they meet certain requirements (see below):

  • Child, adopted child, step-child, eligible foster child (Special rules apply to children of divorced parents, though.)
  • A descendent of any of the above
  • Mother, father, brother, sister, grandmother, grandfather, aunt, uncle, niece or nephew 
  • Step-brother, step-sister, step-father, step-mother
  • Any of these in-laws: son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law or sister-in-law

A relative must also:

  • Be a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico for part of the year; and
  • Have no more than $3,900 gross income (except nontaxable Social Security benefits) in 2013; and
  • Receive more than half his or her support from you; and
  • Not be claimed as a dependent by another taxpayer or filing a joint tax return*

*You can claim an exemption for a person who files a joint return if that person and his or her spouse file the joint return only to claim a refund of income tax withheld or estimated tax paid.

Can I claim someone who is not a relative?

Possibly. A person not your relative may be claimed as your dependent if they:

  • Live in your home all year; and
  • Have less than $3,900 gross income in 2013; and
  • Receive more than half their annual support from you; and
  • Are a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico for part of the year; and
  • Are not claimed as a dependent by another taxpayer.

GEN12922


I hope this information has been helpful.
TurboTax Carissa





New Member
May 31, 2019 4:46:33 PM

That didn't answer the question at all. Can you claim them? Yes or No