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blanchtracy
New Member

I am married to someone who is incarcerated in another state and i have live and work in a different state.Why do i have to file in the state he lives in?

I have never lived nor worked in the state hes incarcerated in

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Accepted Solutions
MichaelDC
New Member

I am married to someone who is incarcerated in another state and i have live and work in a different state.Why do i have to file in the state he lives in?

Generally speaking, for state tax purposes, your spouse’s state of residence is the same as it was before incarceration.

Also, consider if this info below might  be helpful to you:

There are many issues when filing a tax return if your spouse is incarcerated.  The IRS considers you to be still married even when one spouse is incarcerated. You can choose to file as “Married filing jointly” or “Married filing separately.” The filing status you choose will determine your eligibility for some tax breaks and credits that can increase your refund or decrease the amount you owe.

According to the Internal Revenue Service, if you and your spouse didn't reside together at any time during the last six months, you may be eligible to file “Head of Household.” So, if your spouse has been in prison for more than six months and you have a qualifying child, you may be eligible to file “Head of Household” and claim the Earned Income tax credit. This refundable credit can add several hundreds, maybe even thousands, of dollars to your refund. Filing "Head of Household" also means that you will be solely responsible for any taxes owed or receive any refund due.

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6 Replies
MichaelDC
New Member

I am married to someone who is incarcerated in another state and i have live and work in a different state.Why do i have to file in the state he lives in?

Generally speaking, for state tax purposes, your spouse’s state of residence is the same as it was before incarceration.

Also, consider if this info below might  be helpful to you:

There are many issues when filing a tax return if your spouse is incarcerated.  The IRS considers you to be still married even when one spouse is incarcerated. You can choose to file as “Married filing jointly” or “Married filing separately.” The filing status you choose will determine your eligibility for some tax breaks and credits that can increase your refund or decrease the amount you owe.

According to the Internal Revenue Service, if you and your spouse didn't reside together at any time during the last six months, you may be eligible to file “Head of Household.” So, if your spouse has been in prison for more than six months and you have a qualifying child, you may be eligible to file “Head of Household” and claim the Earned Income tax credit. This refundable credit can add several hundreds, maybe even thousands, of dollars to your refund. Filing "Head of Household" also means that you will be solely responsible for any taxes owed or receive any refund due.

View solution in original post

blanchtracy
New Member

I am married to someone who is incarcerated in another state and i have live and work in a different state.Why do i have to file in the state he lives in?

its still trying to get me to file a state return for the state that he is in(which ive never lived nor worked in)
MichaelDC
New Member

I am married to someone who is incarcerated in another state and i have live and work in a different state.Why do i have to file in the state he lives in?

Seems like you need to return to the "Personal Info" section and check all questions that talk about his address, etc.
Follow these steps:
1.       Open (continue) your tax return.
(To do this, sign in to TurboTax and click the blue Take me to my return button.)
2.       Click the Personal Info Tab
3.       Click Edit by your Spouse's Name
4.       Edit any info necessary.
MichaelDC
New Member

I am married to someone who is incarcerated in another state and i have live and work in a different state.Why do i have to file in the state he lives in?

Also, check this to delete an unwanted/unnecessary state: <a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/1900608">https://ttlc.intuit.com/questions/1900608</a>
blanchtracy
New Member

I am married to someone who is incarcerated in another state and i have live and work in a different state.Why do i have to file in the state he lives in?

thank you i just deleted the state he was living in
MichaelDC
New Member

I am married to someone who is incarcerated in another state and i have live and work in a different state.Why do i have to file in the state he lives in?

Good job!
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