Filing income tax while incarcerated

[01CatLover]

I am trying to file my boyfriend's income tax while he's in prison. I was wondering if I could use his inmate ID to do it. We live in Ohio. 

[VolvoGirl]

Use the ID for what?   To file a tax return you need his ssn.   

[01CatLover]

I was told he could sign power of attorney over to me but that's going to take a while. He told me today that he thought I'd be able to use his inmate ID. His State ID is expired so I'm unable to use it & I attempted to do it without his ID & the IRS wont send our tax refund unless he has a valid  ID/license or can go in & prove his identity. Unfortunately, that's not possible at the moment. 

[xmasbaby0]

The IRS does not require you to enter an ID to file a tax return.  Some states require a driver's license or state ID in order to e-file; if he does not have one, then his state return could be filed by mail instead of e-filing it.  But it needs an signature in ink---either his own signature or the signature of a person who hold POA.

If you are trying to file a 2023 return, it is too late to e-file it.  E-filing for 2023 closed at the end of October.  The only way to file a 2023 return is by mail.   If you are talking about his 2024 return, you have until mid-April to sort out the POA issue, or even longer if he gets an extension.

If he is getting a refund or does not owe, there is no penalty for filing after the deadline.   If he owes tax due, he is subject to late filing penalties and interest for 2023, and would need to pay his 2024 tax due by the April 2025 deadline.

[xmasbaby0]

@01CatLover And.........Please explain "The IRS won't send our tax refund...."      What do you mean by "our" refund?   If he is not legally married to you, you cannot file a joint tax return with him, so there is no "our" refund---just his refund.

[Opus 17]

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@01CatLover wrote:

I was told he could sign power of attorney over to me but that's going to take a while. He told me today that he thought I'd be able to use his inmate ID. His State ID is expired so I'm unable to use it & I attempted to do it without his ID & the IRS wont send our tax refund unless he has a valid  ID/license or can go in & prove his identity. Unfortunately, that's not possible at the moment. 

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"He told me"...no.

For the IRS, you need a power of attorney, or the IRS POA form.  (Even if you get a regular POA, you need to fill out the IRA form too.)  https://www.irs.gov/forms-pubs/about-form-2848

For 2023 taxes (deadline closed October 15, 2024) it is too late to e-file, so you don't need to worry about ID.  After preparing the returns, you print and file by mail.  Sign for him and include form 2848.  The IRS will still only deposit his refund into his bank account, or send him a check, so you need to be on top of his banking situation as well.  If you live in a state with state income tax, you will have to check their web site for the proper forms for a POA situation.  (Or, if he can sign a POA in prison, he should be able to sign his tax returns.) 

For his 2024 tax returns, due April 15, 2025, you have two choices.

1. E-file.  The IRS has no way of knowing that the person behind the keyboard is not the taxpayer, that's how there gets to be so much fraud.  If you file without his permission you can get in trouble, and if he later claims you didn't have permission even if you did, you could get in trouble, so I don't recommend e-filing in this situation.  But, if you want to e-file, you need some of his ID and financial information.  As far as what kind of ID the state will require to allow an e-file, that's up to the state and you need to check with them.

2. Or, just print the returns and file by mail.  He can sign the tax returns or you can include a signed form 2848 to indicate POA.  You would have to check your state to see if they have an ID requirement for mailed returns, usually the ID requirement is more strict for e-filing.