inquiry

Forum|Forum|6 years ago
January 29, 2020
9 replies
54 views

Hello,

I have not encountered this situation. A married couple, both have income. The husband has been incarcerated. Should they file a joint return? if so, how will the husband sign the return? Please advise.

thank you,

jase

ProSeries Professional

This topic has been closed for replies.

Best answer by Just-Lisa-Now-

I havent had an incarcerated client in many years, but Im sure the jail offers some method to getting papers to them for signatures.

Just-Lisa-Now-

Answer

Intuit Community Champion

I havent had an incarcerated client in many years, but Im sure the jail offers some method to getting papers to them for signatures.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪

itonewbie

Level 15

Can your client not bring the tax return to the spouse in prison for signature if they are filing MFJ?

---------------------------------------------------------------------------------Still an AllStar

itonewbie

Level 15

Whether they should is an entirely different matter. Question is whether your client could have an increased tax exposure and whether there are tax benefits in doing so.

---------------------------------------------------------------------------------Still an AllStar

RollTide68

Level 7

Married Filing Joint - Yes

Married Filing Separately - Yes

Head of household if the spouse did not reside in the house for the last six months of the year - Maybe

Form 2848 Power of Attorney

itonewbie

Level 15

@RollTide68 wrote:

Form 2848 Power of Attorney

PoA does not allow the client to sign the return on behalf of the incarcerated spouse (unless specifically approved by the IRS' district director. See §1.6012-1(a)(5).

---------------------------------------------------------------------------------Still an AllStar

taxiowa

Level 8

You typically would want to file jointly especially if spouse doesn't qualify for Head of House. Jointly is allowed even if one party is in the joint and not living with spouse. Perhaps you can bake a cake and sneak the 8879 inside to prisoner?