My husband has been incarcerated all of last year, I get my taxes prepared because of itemizing- can I file married joint without him being present to sign?

[jkidd0526]

He has no income to claim, incarcerated the whole year.

[DianeW · Accepted solution]

Yes, you can use the Form 2848-Power of Attorney and Declaration of Representative.  Your husband can sign the form giving you the right to sign on his behalf. You can fax or mail this to the prison if you cannot go in person.  He can mail it back to you.  This form will be required to mail to the IRS with Form 8453 within three days after the return has been accepted.  The form can be found and printed by using this link.  

Your husband may also be able to print this from a computer, complete it and mail to you to save an additional step and time.

• Form 2848 Power of Attorney

If you have a child or children, you may be "considered unmarried" for tax purposes.  If you don't have a child this would not work for you.

Information about this can be found below.

https://ttlc.intuit.com/replies/3288637