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wm030303
wm030303, Enrolled Agent
Category: Tax
Satisfied Customers: 112
Experience:  I am both a CPA and EA with over 30 years of experience in solving tax related issues.
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2 Part Question. I got married in 2011. My spouse was and still

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2 Part Question. I got married in 2011. My spouse was and still is incarcerated. Can I file as Head of Household? He owes back taxes, will IRS take my EIC refund because he owes?

wm030303 :

Hello and welcome to Just Answer.

wm030303 :

Do you have a dependent child or children?

Customer:

I have 3 children under age 18

wm030303 :

Okay, then you would probably want to file Married filing separate with 3 dependent children. You would not lose your EIC to your spouses back taxes owed.

Customer:

I have already done an estimate of my taxes and am ready to file for 2011. I have been filing as Head of Household w/3 dependents under 18 and getting decent refunds with EIC and child tax credit for several years. My spouse has not filed for SEVERAL years and has an outstanding school loan. He has been incarcerated since 2010 and will be until 2015. I want to file HofH and check the box that I dont expect my tax refund to be offset by his. I don't want to include his info on my return. Do I have to regardless of how I file?

Customer:

Do I not qualify as HofH since we weren't living together for 6 mos out of the year? Why would married separate be better?

wm030303 :

Well you could still be considered unmarried Head of Household since you live apart for the entire year.

Customer:

Do I have to include his info (name/ssn/dob) when I file and will they take my refund since he owes?

wm030303 :

no

Customer:

May I ask one more semi-unrelated question? I have Durable Power of Attorney over him. Am I able to handle filing his past taxes for him since I have POA?

wm030303 :

you should be able to sign for him

Customer:

Thank you for your help :-)

wm030303, Enrolled Agent
Category: Tax
Satisfied Customers: 112
Experience: I am both a CPA and EA with over 30 years of experience in solving tax related issues.
wm030303 and 2 other Tax Specialists are ready to help you
Dear Sir or MaAm. You should file married filing joint with your spouse claiming all children which are under the age of 19, live with you more than 50% of the year, and whom you provided more than 50% of their support. You will included the injured spouse allocation with the return to prevention your spouses tax debt from affecting your refund. This is the best way to file and the most appropriate. If you live in TX, CA or another community property state please let me know. To summarize, file married joint with the injured spouse form.