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-   -   Can I still get EITC if my husband has been in jail all yr & is still in jail? (https://www.askmehelpdesk.com/showthread.php?t=730269)

  • Jan 25, 2013, 01:09 PM
    aleah1984
    Can I still get EITC if my husband has been in jail all yr & is still in jail?
    My husband was in jail all but eight days out of 2012 & he is still in jail. We split up at the end of the yr but through most of the yr we were together. We have two kids. & I'm freaking out now because I don't think ill be eligible for eitc because I can't file jointly. Please help!
  • Jan 25, 2013, 01:20 PM
    joypulv
    Earned Income Credit? Did you earn any wages in 2012?
  • Jan 25, 2013, 01:27 PM
    aleah1984
    Quote:

    Originally Posted by joypulv View Post
    Earned Income Credit? Did you earn any wages in 2012?

    Yes $28,615
  • Jan 25, 2013, 01:35 PM
    joypulv
    Yes you can file if those wages aren't too high.
  • Jan 25, 2013, 02:37 PM
    AtlantaTaxExpert
    I am curious as to WHY you think you cannot file jointly. Prepare the return, get the efile signature form to hom and have him sign it, YOU sign it, then viola, you efile it and you have filed jointly.
  • Jan 25, 2013, 02:40 PM
    taxesforaliens
    You could still file jointly if you were married on December 31st, 2012.
    If you do not want to file jointly, you also have the option of filing as HoH if you were not living together at any point during the last 6 months of 2012, you paid more than half of all the support for the household and you are claiming the children
  • Jan 25, 2013, 02:46 PM
    aleah1984
    Quote:

    Originally Posted by AtlantaTaxExpert View Post
    I am curious as to WHY you think you cannot file jointly. Prepare the return, get the efile signature form to hom and have him sign it, YOU sign it, then viola, you efile it and you have filed jointly.

    Because at the end of the year, the eight days he was out of jail, he beat me & I had to go get an epo. We are ordered to have no contact. But almost all yr long we were together & I supported him while he was in jail & now if I have to file married but single status. Not approved for eitc. This sucks.
  • Jan 25, 2013, 02:49 PM
    AtlantaTaxExpert
    Email me at [email protected] and we can discuss your options in detail.
  • Jan 25, 2013, 02:49 PM
    aleah1984
    Quote:

    Originally Posted by taxesforaliens View Post
    you could still file jointly if you were married on December 31st, 2012.
    If you do not want to file jointly, you also have the option of filing as HoH if you were not living together at any point during the last 6 months of 2012, you paid more than half of all the support for the household and you are claiming the children

    Ive been married to him for six years & he was only home eight days out of the whole year so I hope I can file HoH I was the only income in the home whatsoever. I called H&R Block & made an appointment for Tuesday. Thank you. I hope you're right.

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