maglib
Level 11

Get your taxes done using TurboTax

@05aj990006  normally upon marriage Claiming a Dependent: You can claim a child or relative as a dependent as long as no one else can claim that person as a dependent. Generally, you cannot claim someone as a dependent if he or she is married and filing a joint tax return.You can’t claim a married person who files a joint return as a dependent unless that joint return is only to
claim a refund of income tax withheld or estimated tax paid

 

You are legally married filing jointly. As your spouse was claimed erroneously by her parents, her parents will need to file an amended return.

You sadly then can not e-file as she was claimed by them and would have to file by mail to clear up the issue.  If your are legally married, you need to file as such.   OR you can file as married filing separate which may not be beneficial as it reduces amounts you can claim.  

 

Here is a step by step interview to determine whom can claim her: https://www.irs.gov/help/ita/whom-may-i-claim-as-a-dependent

 

https://apps.irs.gov/app/vita/content/globalmedia/overview_of_the_rules_for_claiming_4012.pdf

 

You may want to utilize the desktop software as you can e-file up to 5 returns with one license. 

Online:  Open or continue your return. Select My Info in the menu, or Select Personal info, then select Continue. On the Personal info summary screen, select Edit next to Married Filing Jointly. Answer No to Do you want to file this return together with your spouse?

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