Q: Can I still file married joint if my spouse's SSN has been filed on another return?
My spouse is incarcerated and it appears that their ssn was e-filed on a return by someone already without permission.
A: Be very careful here. If you attempt to file jointly after your spouse (or someone else posing as your spouse) has filed, the IRS will likely notice the duplicity in SSANs--and will possibly hold YOU responsible. The last thing either of you two need is the IRS coming after you.
If you suspect that your husband was a victim of identity theft then you need to take steps to straighten this out.
I am including the link to the IRS page that discussed what to do if you suspect identity theft.
If you do not think this is something you can straighten out on your own, contact a good tax attorney. Most of us offer a free consultation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.