I have a question, my ex-wife is currently incarcerated in federal custody. I now have custody of her daughter and I am curious...(1) is she going to be able to file a federal tax return even though she is incarcerated...and (2) would I be able to claim her daughter on my taxes even though she will only have lived with me for 3 months out of the year
NEED SPECIFIC TAX QUOTE CITATIONS if at all possible
2006-11-13 00:31:49 · 1 answers · asked by barrett_shawn 3 in Business & Finance ➔ Taxes ➔ United States
(1) Yes, she will be able to file taxes while incarcerated. Incarceration does not exempt someone from filing. However, if her income is under the filing threshold (I assume you will be filing separately), then she may not need to file future returns while incarcerated (if she will be there for more than a year).
(2) Maybe. http://www.irs.gov/publications/p501/ar02.html#d0e3290 has table for Dependency test. You need to consult with your attorney and a CPA (not H&R Block!) on this.
Good luck, and I hope all goes well for you and your daughter.
2006-11-13 02:02:14 · answer #1 · answered by boo's mom 6 · 1⤊ 0⤋