maybe you can be claimed by your parents if you are married and choose married filing separately. However,
you must be either a qualifying child or a qualifying relative.
You could be claimed as a qualifying child if all these tests are met
- You have the same principal abode as your parents for more than ½ the tax year. Temporary absences are ignored
- If not a full-time student (any part of any 5 months – in a letter ruling the IRS allowed the month the student registered even though classes didn’t start until the next month), you’re under 19 at the end of the tax year. If a full-time student you're under 24 at the end of the tax year.
- you haven't provided over ½ your own support
- you might be able to file a joint return with your husband if there is no tax liability and you are merely filing jointly to facilitate a refund of taxes paid in.
Or you could be a qualifying relative if all these tests are met
- your gross income for 2023 is less than $4,700
- your parents provided over ½ your support
however, it is possible that MFS may result in you and your husband paying more in taxes.
also, if you live in a community property state and are filing separate tax returns, you must compute your income, federal income tax, and deductions using the community property rules of your state.
