In the upcoming tax season I will be newly married and unfortunately my husband will be incarcerated. Can I qualify for the EIC credit?
2007-09-22 15:23:48 · 4 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
I'm thinking of going the Head of Household route since we will have only been married a month at the end of the tax year...Does anyone agree???
2007-09-22 17:48:20 · update #1
Last update! I will NOT have lived with him at all when I marry him he will be incarcerated! So I will not have lived with him at all during this year. NOW can I file Head of household????
2007-09-23 04:27:23 · update #2
As long as you meet the other requirements and don’t file a separate return from your husband then you qualify for the EIC. http://www.irs.gov/pub/irs-pdf/p596.pdf See filing status in pub 501 page 4 http://www.irs.gov/pub/irs-pdf/p501.pdf being incarcerated is considered a temporary absence (see page 8 temporary absence) since he is incarcerated it might be hard to get him to sign the return for the married filing jointly status. You might also want to consider head of household filing status if you qualify see page 6.
2007-09-22 17:29:48 · answer #1 · answered by Charlie & Angie G 4 · 0⤊ 1⤋
You cannot file as Head of Household if you and your spouse live together for even one day during the last six months of the year. If you are now living with him but not married to him, you might qualify as Head of Household. But once you marry him, you can't. Your only filing options would be Married Filing Jointly and Married Filing Separately.
If you file a joint return with your spouse you may still qualify for EIC. The EIC would be based on your joint incomes (except any money he earned for work while incarcerated).
If you file a separate return, you do not qualify for EIC.
So, file a joint return if you marry before the end of the year.
2007-09-23 00:26:04 · answer #2 · answered by ninasgramma 7 · 0⤊ 0⤋
If you file a joint return and meet the income qualifications, then you could be eligible for EIC. You can't get EIC if you file as married filing separately, your only other option for filing status.
Good luck.
2007-09-22 16:07:52 · answer #3 · answered by Judy 7 · 1⤊ 0⤋
You may qualify for head of household filing status which would allow you to take EIC. Ideally your husband will sign off on a joint return.
2007-09-22 17:21:31 · answer #4 · answered by Anonymous · 0⤊ 2⤋