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My wife got claimed by her dad for last year's taxes and she was living with me since April of 2019 is there a way to get that amended because she lived with me but she was my girlfriend not wife yet

 
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4 Replies

My wife got claimed by her dad for last year's taxes and she was living with me since April of 2019 is there a way to get that amended because she lived with me but she was my girlfriend not wife yet

 

 

If your girl friend,   then YOU could not claim her.  (If you were married at the end of 2019 then you should have filed jointly).

 

If not married and she did not live with her father more then half of 2019 (unless she was under age 24 and a full time student temporary away to attend school) then he probably should not have claimed her, but that is between him and the IRS.

 

There are other options depending on the circumstances but you did not provide the details.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

My wife got claimed by her dad for last year's taxes and she was living with me since April of 2019 is there a way to get that amended because she lived with me but she was my girlfriend not wife yet

and while you did not ask, and may be this is where you were going....

 

when did you get married - because the status at 12/31 is what matters.

 

if you were married in 2020, then when you fill out your 2020 tax return, she'll be eligible for the $1200 stimulus which she wasn't eligible for when the payments were mailed out earlier this year.   is that what is prompting your question? 

 

(if she was a dependent in 2019, then she wasn't eligible for the stimulus last spring  as the payments were based on the 2019 tax returns, and then 'trued up' based on 2020, which is the year that really matters)

My wife got claimed by her dad for last year's taxes and she was living with me since April of 2019 is there a way to get that amended because she lived with me but she was my girlfriend not wife yet

assuming you weren't married at the end of 2019 you could claim her as a qualifying relative  (a dependent) if all these tests are met

1) she lived with you all of 2019 (temporary absences are ignored)

2) her gross income for 2019 was less than $4,200. if you need to know what's included in gross income post back

3) you provided over 50% of her support. support includes amounts spent for food, lodging, clothing, education, medical, dental, recreation, transportation and other necessities 

My wife got claimed by her dad for last year's taxes and she was living with me since April of 2019 is there a way to get that amended because she lived with me but she was my girlfriend not wife yet

@Mike9241 -  he already stated that she didn't begin living with him until April, so she can't be a qualifying dependent in 2019.  

 

as was stated earlier in the thread, the issue of whether the father could claim her in 2019 is between him and the IRS.   

 

I really wonder if the bigger issue is the stimulus payment which is easily rectified on the 2020 tax return without involving the father 

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