turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Announcements
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

chail1219
New Member

If someone has been in jail for all of 2016 with no income, can they file a tax return?

I am legally married still but going through a divorce. My husband has been in jail for all of 2016 and had no income. Is he able to file a tax return separate from me? It is asking if I lived with scott for no time at all in 2016 which is true and it is also asking if scott will file a tax return which I don't think he is able to, correct?
x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

1 Reply
PatriciaV
Employee Tax Expert

If someone has been in jail for all of 2016 with no income, can they file a tax return?

Yes, even those US citizens currently in jail are required to file a tax return if they had taxable income during the year.

Generally speaking, if you are still married as of December 31, and your spouse is incarcerated, you will still file as if your spouse is living with you.

As a married couple, you have two filing choices: married filing jointly and married filing separately:

1. If you file a joint return with your incarcerated spouse, you cannot claim your spouse as a dependent. Your spouse will still need to sign the return.

2. If you file separately, you won't receive the exemption for your spouse and you still cannot claim your spouse as a dependent.

You might work through the TurboTax interview screens to see if you meet all the requirements to file Head of Household, which may result in a better outcome for you.

After comparing your options, you can chose the filing status that provides the best outcome for you.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

Unlock tailored help options in your account.

message box icon

Get more help

Ask questions and learn more about your taxes and finances.

Post your Question