BobKamman
Level 15

There are some court cases involving this issue. Also, there may be future legislation that defines whether inmates are eligible for CARES Act payments or payments made under a later round. See

https://procedurallytaxing.com/summary-judgment-victory-for-incarcerated-individuals/

Even if an employer-employee relationship exists, wages paid to prison inmates may not be subject to FICA taxes if the employer is a state or local government entity. The law excepts services performed by prison inmates in the employ of a State, political subdivision, or wholly owned instrumentality thereof from employment for purposes of social security tax. [Section 3121(b)(7)(F) of the Code]. The law also excepts such wages from the Medicare tax. [Section 3121(u)(2)(B)(ii)(II) of the Code].

This exception does not apply, however, if the inmate is performing services in the employ of a nongovernmental entity (for example, a private corporation operating a prison). Thus, whether amounts paid to a prison inmate are subject to FICA depends upon whether an employee-employer relationship exists and whether the inmate is employed by a government or a private employer.

See

https://www.irs.gov/pub/irs-wd/12-0016.pdf