MY HUSBAND HAS BEEN IN PRISON SINCE THE END OF JANUARY, USUALLY I WOULD FILE JOINT BUT NOW I'M NOT SURE, DO I FILE SINGLE OR MARRIED????
2006-10-24 09:10:45 · 8 answers · asked by juicy 3 in Business & Finance ➔ Taxes ➔ United States
Being incarcerated (in jail) is not a reason to file any differently than if they were not. Your best bet is to still file Married Filing Jointly (MFJ). Include all his income (if any) and yours. Take the paperwork to him in jail and ask him to sign it. They will let you. Otherwise, you need to get a valid "Power of Attorney" and attach it to the return. Unfortunately, your spouse will have to sign the PoA form, but he'll only need to sign it once. You can use it for many things. You should do this anyway. Being in jail does not qualify for the "Injured" item mentioned by Ramsgod.
Filing MFJ not only allows you to get all of the Credits, it is actually better than filing "Head of Household". If you are unsure of the power of attorney, see the link I have attached below. If you do file Head of Household, your spouse will have to file as "Married Filing Separately". You'll do two tax returns instead of one and you'll be worse off.
Just to clarify another Ramsgod comment, your husband living with you until the end of January 2006 does not disqualify you from filing as Head of Household for tax year 2006. It does disqualify you from filing as Head of Household for 2005 since, presumably, he lived with you at any time in the last 6 months of 2005. I am not sure whether being in jail is considered as "living away from home". As silly as that sounds, he may still be considered living at the place where all of his personal items are. For example, living at college does not disqualify children from being claimed by their parents as qualifying children. So to avoid all confusion entirely, please do your return as MFJ and have your husband sign it. You get the most refund and avoid all sorts of complications.
2006-10-24 13:34:28 · answer #1 · answered by TaxMan 5 · 1⤊ 1⤋
Your two options is married filing jointly or Married filing single. Since he lived with you until the end of January, you will not be able to file Head of Household. Married Filing Jointly will give you the better standard deduction, and you will be able to take advantage of some tax credits, especially if you have children.
If your spouse cannot sign because of disease or injury and requests that you sign the return, sign your spouse's name in the proper place followed by the word "by" your signature, followed by the word "husband" or "wife". Be sure to also sign in the space provided for your signature. In addition, you must attach a statement that includes the form number of the return you are filing, the tax year, the reason your spouse cannot sign the return, and that your spouse has agreed to your signing for him or her. If you are the guardian for your spouse who is mentally incompetent, you may sign the return for your spouse, as guardian.
2006-10-24 17:35:09 · answer #2 · answered by RamsGod 3 · 0⤊ 0⤋
You can file married, filing joint---married, filing seperate----or with dependants you can file as Head of Household. If your husband works in prison and has a W-2 he will have to also file; or you can use him to increase your exemption amount and dependancy amount on a joint filing. Do that which will give you the largest refund. Any specific questions feel free to ask me and I will give you the benefit of 36 years tax experience.
2006-10-25 10:57:02 · answer #3 · answered by acmeraven 7 · 0⤊ 0⤋
You can still file married even jointly. You should allow him enough time to sign by either visiting him or mailing him the return (at least the signature page) to sign and mail back
2006-10-24 17:26:15 · answer #4 · answered by goldenboyblue 3 · 0⤊ 0⤋
If you are married at the end of the year you file 'married, filing jointly' or 'married filing separately'. Usually jointly filing results in less taxes paid.
2006-10-24 16:15:18 · answer #5 · answered by curious george 5 · 0⤊ 1⤋
i think you should file married joint, your husband officially has no income so you'll get more tax break and may be some money back. and you're not single so other option is head of the household which is also a good option.
2006-10-24 16:20:38 · answer #6 · answered by Anonymous · 1⤊ 2⤋
You are still married, so you can file as such, but check to see if married filing separately is a better deal---also, he may not be able to sign, so you may have to do it that way.
2006-10-24 16:13:18 · answer #7 · answered by LoneStar 6 · 0⤊ 2⤋
Call your local IRS office and ask them. Their information is both free and accurate. The number is in the phone book.
2006-10-24 16:13:22 · answer #8 · answered by My Evil Twin 7 · 0⤊ 3⤋