His parents can only claim him as a dependent if your joint return is only to get back all the estimated or withheld taxes. If either of you have a tax liability, you have to file separately.
Alternatively, if his parents don't claim him, then you can file jointly, which will be more tax beneficial for you and your husband.
You should compare the two scenarios and find the one which give the best tax outcome for the family.
If his parents claim him, they get the Other Dependent credit of $500 and any education credits unless they are limited by income.
If they don't claim him and you file jointly, you'll have a tax savings due to the higher standard deduction and the eventual education credits that you can claim.
@sydneyannstaxes
[Edited 03/13/2024 | 8:23AM PST]
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
