Separate While Incarcerated


Today TaxMama® hears from AShepherd in the TaxQuips Forum, with a sensible question. “I filed married filing separately this year because, at the time, my husband was incarcerated. He is out now. Can we file jointly still and if so, how can we ( will a 1040x do the job)? I couldn’t claim anything, our kids the EIC etc…. I only got 56 bucks back. Please help we really need the money.”

Dear AShepherd,

Mike Reed, EA explains.

Yes, Per Pub 501 you can change from MFS to MFJ – you must file within 3 years of the original due date.

This will be an amended return, thus you do not “return” the $56, the 1040X will compute any balance or refund due.

And remember, you can find answers to all kinds of questions about filing statuses and other tax and business issues, free. Where? Where else? At www.TaxMama.com.

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One thought on “Separate While Incarcerated

  1. David Ellis CPA says:

    Seems to me that if he was incarcerated for the last 6 months of the year and she otherwise qualified, she should have been able to file Head of Household.

    I love the TaxMama.

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