Claiming a married dependent

[Bgibson3304]

Ok I know you can claim a married dependent under the set IRS rules and my son qualifies.  Son married in December 2021 we all discussed this and I ask them to not file jointly they agreed and understood, they have very little to claim other than what is taken out of daughter in laws check (3 months..  Daughter in law went on free turbo tax and filed "married filing separately."  She said that is what she was told to do and she was like I didn't mess up did I?  Well I don't know.  So the rules specifically say if they file "married jointly", they cant be claimed by the parent.  It make no mention of filing separately.  Does anyone know if they filed "married filing separately", I can still claim him and not screw them or me up.  Just don't want to have amend or have IRS come this December come after their money bc I screwed up.  Any one have some help or advice for me.  thanks

[AliciaP1 · Accepted solution]

Since they were actually married as of December 31, 2021, they have to file married...something.  If you are going to claim your son as a dependent then your daughter-in-law will need to choose the filing status Married Filing Separately or potentially Head of Household if she meets the qualifications.

See Who can I claim as my dependent? for specifics for claiming your son as your dependent.

[Bgibson3304]

Thank you for the information.  That is very helpful.