How do I file if my spouse is incarcerated?

[HJacobs01]

My husband has been in prison for 4 years and our divorce finalized this Dec 1st. I have 3 questions:

1) what paperwork will I need to file with my taxes for next year?

2) I didn't claim him as a dependent, but filed MFJ. Will I get in any trouble for that with the IRS? (Can't get a straight answer from their website)

3) with the 1st round stimulus check, they sent me his portion since we were married. Will I need to send that back to the IRS to have them send it to him?

[Amandmpowell1986]

My husband has been incarcerated sense May 20 2020 how would I file my taxes I don't have any kids I was going allow someone to do my taxes for me to help me save some money but they don't want to mess it up. 

[Amandmpowell1986]

Plus I file for divorce but it has been finalized yet

[DawnC]

You can still file a joint return with your husband.  Since your divorce is not final yet and you don't have children, you have to file either Married filing jointly or Married filing separately (you can't file as Single).   It is generally better to file Married filing jointly.    Which status is better - MFJ or MFS?

Your tax return must be signed to be valid.  If you are married and file jointly, then you and your spouse must both sign the return.  This is done electronically if you e-file your return.  If your spouse has a valid power of attorney to attach with the return, then you can sign for him.   You can also use IRS Form 2848 to sign for him and be able to e-file.   You can also file the joint return by mail.  If you file jointly by mail, you can print  the return and have him sign it manually and then mail it in to the IRS.    If you file separately, you do not need his signature and can e-file without the power of attorney.  

@Amandmpowell1986

[Scorpiomel1987]

I am in this situation as well and doing the power of attorney form 2848. But can you please explain how that works I mean like do I just mail him the form he fills it out in prison and then sends I back to me? And then I can file or what?

[Mike9241]

all you need is your spouse's consent to file jointly. the POA is only needed if you have to get their tax data from outside sources like a W-2, etc. it is not needed to register with the IRS to get transcripts of their info though having the POA is nice should your spouse ever deny they gave consent.  you do not file the POA with the return. you file as if they weren't incarcerated.

[AamilD]

You have three options for this scenario:

1) You can mail him an IRS Form 2848 which is the power of attorney form that will delegate to you the ability to file a return for him. Then you would print the tax return and sign it and mail it to the IRS with Form 2848.

2) You can complete the tax return, print the return and take it to him in prison to sign in ink and then file by mail.

3) If you would like to e-file the return, then mail Form 8453 along with the Signed Form 2848 to the IRS within 3 business days after you have received acknowledgement from TurboTax that the IRS has accepted your electronically filed tax return. Form 8453 has a specific box to check if you are attaching a POA indicating that the individual has authority to sign the tax return.

[Scorpiomel1987]

If I am in Colorado what is the address I send the forms too? Forms 8453 and the power of attorney form. ?

[JohnW152]

You’ll only need to send in Form 8453 if you’re electronically filing the return.  According to the Instructions for Form 8453, you’ll send both forms to:

Internal Revenue Service                                                 

Attn: Shipping and Receiving, 0254                                     

Receipt and Control Branch                                          

Austin, TX 73344-0254

You should mail Form 8453 to the IRS within 3 business days after you have received acknowledgement that the IRS has accepted your electronically-filed tax return.

[Mathmom33]

I am in this situation and am debating filing as "Head of Household." If I do that, how do I report the child tax credit and stimulus money? I received 2 letters from the IRS, one for me and one for my spouse.

[DianeW777]

If you have dependent children and if your incarcerated spouse does not agree to file a joint return, then you can file as Head of Household if you have not lived together for the last six months of the year. 

In this situation you would include all of the advance child tax credit amounts you received and your stimulus money including the amount for the children.

The IRS may look at intent should they have questions later about your marital status.