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March 8, 2021
Question

SO/Fiance is in prison in another state and has been most of 2020. she is a resident of that state but i provided most if not all her support. can i claim her?

  • March 8, 2021
  • 1 reply
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I know there are sometimes exceptions to the living situation or can i file as married even if we are not officially married only engaged?

1 reply

Employee
March 8, 2021

NO   Only legally married couples can file a joint return, so you cannot file as married.   And you cannot claim a prison inmate as a dependent.  You are not paying for over half her support.  She is being supported by the department of corrections.   Any money you are sending to her is a gift.   Gifts to individuals are not deductible.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**