how to file if spouse in jail?
What is the best way for client to file 2009 if her husband in jail and owes taxes. Government will keep her refund if she files MFJ. Can she get earned income credit if file separate or head of household?
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c6QB1KRg8r3RjjacfA8pyY
09/28/09 1:45pm PDT
Viewed by asker 11/05/09 6:33am PST
Viewed by asker 11/05/09 6:33am PST
12 Replies
ArchieLeach
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09/28/09 1:48pm PDT
I think the standard method is to smuggle the file in, baked in a cake.
Morons. I've got MORONS on my team. Nobody is going to rob us going DOWN the mountain. We have got no MONEY going DOWN the mountain. When we HAVE GOT the money, goin' back UP the mountain, THEN you can sweat.
Mimbreno
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09/28/09 1:55pm PDT
You can not claim the earned income credit if filing married filing separate and you can not claim head of household if you are married.
I am not young enough to know everything. - Oscar Wilde
ArchieLeach
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09/28/09 1:56pm PDT
I must have misread the question.
Furthermore, someone out there is humor-impaired. That's OK, I'll take my lumps.
Morons. I've got MORONS on my team. Nobody is going to rob us going DOWN the mountain. We have got no MONEY going DOWN the mountain. When we HAVE GOT the money, goin' back UP the mountain, THEN you can sweat.
TAXOH
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09/28/09 1:57pm PDT
If husband has been in jail for the last 6 months of the year she could file as Head of Household. If not, she would file married filing separate but would not qualify for the earned income credit.
If this does not answer your question hopefully someone else will be along to help.
TAXOH
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09/28/09 3:23pm PDT
Archie - I have a sense of humor so I gave you a point to cancel out your negative.
If this does not answer your question hopefully someone else will be along to help.
Charlotte256
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09/28/09 3:23pm PDT
MFJ results in the lowest taxes. Most jails will allow an inmate to sign tax documents or at least to sign a POA for the spouse or someone to sign the tax return.
When anyone doing nothing needs help, I will gladly help that person do nothing.
Mt Juliet CPA
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09/28/09 3:44pm PDT
I gave you a point also Archie
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Mt Juliet CPA
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09/28/09 3:50pm PDT
If he has been imprisioned for over 6 months she could file as HOH BUT would have to submit documentation that the husband is incarcerated. But like charlotte256 stated most correctional facilities will allow the inmates to sign tax related documents , if it is done while being observed, In Tennessee the prisoners are allowed to sign. If Married filing separate the earned income credit would not apply as TAXOH pointed out
I salute all our current Military and our Veterans.
09/28/09 6:54pm PDT
If the tax is only owed by the husband and not wife, I would check to see if she meets the requirements to file injured spouse.
ArchieLeach
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09/29/09 6:27am PDT
That there is a very good thought from sweetpea40. I don't know the answer, though.
Morons. I've got MORONS on my team. Nobody is going to rob us going DOWN the mountain. We have got no MONEY going DOWN the mountain. When we HAVE GOT the money, goin' back UP the mountain, THEN you can sweat.
taxiowa
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09/29/09 6:51am PDT
And I also think sweetpea's answer is the correct one. Time at a correctional facility would probably be classified as temporarily away from home like military service, college or a hospital stay. So even if they were separated last 6 months, I have the feeling it is a temp. event. The reason for filing HofH (when still maried) is for an actual separation and pending divorce; not simply temporary jail time and continued marriage.
taxiowa
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09/29/09 6:54am PDT
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Besides, his jail income is probably low and she gets to use his exemption for MFJ, so effect on her return would probably be beneficial to file together.
