Education Expenses & Newly Married

[CABrown1997]

My wife and I were married in October 2020. She is still a full time student. Her parents paid education expenses for her out of a 529 plan. Her father received a 1099-Q with his SS# on it. Can we file married filing joint? Does he claim her as a dependent? Does he file the 1099-Q and 1098-T?

[AmyC]

Education expenses can only be claimed on the same return as the one where the student is being claimed. A parent can claim a married child as a dependent; but, there are stiff rules.

For the newlyweds, see Do I Need to File a Tax Return?

For the parents, see Whom May I Claim as a Dependent?

The 1099-Q will go on the return of the owner, the name on the form, dad gets it. See 

Where do I enter a 1099-Q?, Guide to IRS Form 1099-Q: Payments from Qualified ... & Qualified Ed Expenses | Internal Revenue Service

The 1098-T are education expenses go wherever the student lands on tax forms. See Where do I enter Form 1098-T?

In addition, stimulus payments are not available for college dependents but are to adults on their own return.

[CBrown1997]

@AmyC  So if my father in law files the 1099Q and 1098T, is he required to claim my wife as a dependent?

If so, can my wife and I still file married filing jointly?

[AmyC]

He must claim the 1099Q. The only way for him to claim the 1098-T is to claim your wife. But can he? He may not be entitled to claim her. Please go through the quick quiz  Whom May I Claim as a Dependent? to see if he is able to claim her. Being at college still counts as living at home.

To qualify as a dependent on dad's return, the short version:

• As for MFJ, your wife could only be on your return if you were filing just to get a refund of the tax withheld.
• Daughter is a qualifying relative
• Lived with them over half the year
• Under age 24 on December 31,2020
• Father provided over half the support

I don't know the answers, you need to do the quiz to see if she can be claimed.

The standard deduction for MFJ is $24,800. If you made more than that together, you would have a tax liability and not be filing just for tax withheld. In which case, she would not be able to file with you, IF he is claiming her.