I think she can still use him as a exemption and claim married filing joint even though hes in jail and has no income. I can't find anywhere it says she can't use him as an exemption, even on the IRS site.. Any one familiar with this type situation?
Thank You
2007-03-15 10:40:58 · 5 answers · asked by tomlh2463 1 in Business & Finance ➔ Taxes ➔ United States
bostonianinmo is correct except for one issue. You can NEVER claim a spouse as a dependent filing jointly or separately. On a joint return, you do get the exemption. One spouse being in prison does not prevent filing a joint return.
2007-03-15 11:26:49 · answer #1 · answered by STEVEN F 7 · 0⤊ 0⤋
His being in jail doesn't affect their tax situation. They can still file a joint return. You generally don't claim a spouse as a dependent when filing a separate return. Even the minimal prison income would bar that.
2007-03-15 11:07:17 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
If they file a joint return (and they are allowed to) then they would claim an exemption for each of them. It's not that SHE's claiming HIM, but that they are getting their two exemptions on their joint return.
2007-03-15 15:00:22 · answer #3 · answered by Judy 7 · 0⤊ 0⤋
actually she can still claim him. I am actually in the same situation but she can only claim him IF he didnt work during the tax season 05 and 06. i am not able to claim mine as a exeption because he was employed. if you have any ?'s feel free to email me...laurenneff@yahoo.com
2007-03-15 10:47:23 · answer #4 · answered by michelle n 1 · 0⤊ 0⤋
There will be an IRS office within your local calling area.
Phone them, they are 'user friendly,' and glad to help anyone who calls.
2007-03-20 06:40:13 · answer #5 · answered by ha_mer 4 · 0⤊ 0⤋