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Power of Attorney for income tax purposes

Spokane, WA |

My husband has been incarcerated in the state of Texas since 2002. We married 02/01/2013 and I want to file my 2013 taxes as Head of household. Is there a form that needs to be filled out and signed for this to happen. I have filed taxes myself as a single person, but my husband has not because of being incarcerated since age 17 and has never had an income.

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Attorney answers 4


If your husband has been incarcerated in 2002 he is not your depended. Does he have a social security number. I suggest you discuss this with a tax preparer.


I believe you would file - married filing jointly or married filing separately. If you file jointly, he would also sign the return. If you file married filing separately - he would not need to file as he does not meet minimum income threshold


If you use a tax preparer they can advise your properly as what the best option for you is, and also the IRS has a toll free number, you can always call them directly and ask questions of this nature. Good luck.


You may qualify for head of household if your husband was not a member of your household for the last six months of the year. There are some special rules where incarceration is considered a temporary absence but your case appears to be different than that. If you can qualify for HOH you may qualify for some tax credits that are not available for married filing separate. You should discuss this with a tax attorney or tax CPA.

Using Avvo does not create an attorney-client relationship. This response is general in nature and does not constitute legal advice. An attorney should review all of your documents and the facts and circumstances before making a determination for your recommended course of action.

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