Can you claim someone who is incarcerated

[xmasbaby0 · Accepted solution]

If the person was incarcerated for very much of 2016, then you most likely cannot claim them as a dependent; in order to claim a dependent you have to provide over 50% of their support.  If the penal institution is supporting him, then you are not.  Money you send to an inmate is a gift, which is not deductible.  

[Dcasprowitz]

How is it a gift when I'm having to send money for him to be able to buy toiletries, underwear, socks & food? And I am not allowed to bring him anything from home that he needs he has to purchase it there.  he is not allowed to do work release so he doesn't make any money there and these are things he has to have,  as well as notebooks , pens and pencils for classes he's required to take so if I didn't send the money then he wouldn't be able to get them and he's got to have them.. so how is it a gift? it has cost me more with him in there than it has with him out!

[DoninGA]

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@Dcasprowitz  wrote:

How is it a gift when I'm having to send money for him to be able to buy toiletries, underwear, socks & food? And I am not allowed to bring him anything from home that he needs he has to purchase it there.  he is not allowed to do work release so he doesn't make any money there and these are things he has to have,  as well as notebooks , pens and pencils for classes he's required to take so if I didn't send the money then he wouldn't be able to get them and he's got to have them.. so how is it a gift? it has cost me more with him in there than it has with him out!

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Living expenses are never deductible.  Those are gifts you are giving.  The State/County/City is providing over one-half of his support.

[Dcasprowitz]

I still don't see how it's considered a gift... it don't feel like a gift to me because like I said it has cost me more for him to be behind bars then it did when he was here at home..

[xmasbaby0]

@Dcasprowitz    Sorry--in order to claim a dependent you would also have to be able to say you paid for over half his support.   You are not doing that--the penal institution where he is incarcerated is supporting him--actually the taxpayers are supporting him.  You cannot claim anything for the underwear, toiletries,  pen and pencils, etc that you are paying for.

[carolemcdowney]

How is it a gift I have brought my son's shoes, boots, TV, a game system put money on his phone, on his Skype , I order care packages for him, I order hot food for him

[DoninGA]

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@carolemcdowney wrote:

How is it a gift I have brought my son's shoes, boots, TV, a game system put money on his phone, on his Skype , I order care packages for him, I order hot food for him

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If you do not like the word gift, then they are living expenses and living expenses are Never deductible on a tax return.

They state/county/city is providing over one-half of his support for the year, regardless of the items you are providing.

[LonerAlejandro1983]

Prison

[xmasbaby0]

@LonerAlejandro1983 This thread is old---the last time anyone posted a question or a reply was more than a year ago.  Now you posted one word:  "Prison."   We do not know if you have a question or what that question is.   Please explain or ask a complete question if you have one.

[olivejuicetk]

What am i able to do that could be as supporting him? What kind of support, not given by the prison, is considered deductible?

[JohnB5677]

The prison generally provides lodging, food, clothing and medical coverage.  There are no deductions available.

@olivejuicetk

[xmasbaby0]

@olivejuicetk Very sorry--this must be a difficult time for you.   But you cannot claim an inmate of a prison as a dependent.   He is being supported by the facility he is incarcerated in.   Money that you provide for incidentals is a gift to him, and gifts to individuals are not deductible, nor are they "support."  You have nothing to deduct.

[QueenD30]

It’s not a gift when they can’t eat majority of what they are feeding them. In reality they provide nothing but a cell and a mat! So being unable too carry some you SUPPORT IN JAIL/PRISON AND SPEND THOUSANDS ON IS NOT A **bleep** GIFT! They depend on us until they are free period 

[QueenD30]

The jail doesn’t provide medical coverage, my boyfriend just called me and asked me too get him dental because he needs dental work done and insurance