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KYLER
New Member

Can I claim my daughter who got married on december 19th 2015?

She was a full time student the entire year. She lived with us up to the wedding. She had no income. Can her husband claim her as a dependent?
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5 Replies
bwa
Alumni
Alumni

Can I claim my daughter who got married on december 19th 2015?

Her husband can claim her exemption if they file a joint return.  If they do, you cannot claim her as a dependent.

If they don't, she may be your dependent.  The choice is first theirs.

Hal_Al
Level 15

Can I claim my daughter who got married on december 19th 2015?

Yes, you can claim her (most likely, see full rules below) but then her husband would have to file Married Filing separately (MFS)**, which has higher tax rates. He cannot file single. If she had enough income  to file, she would have to file MFS too. If you meet the dependent rules below, the best thing to do is for both couples to prepare their taxes both ways and see how the family comes out best overall, before filing,

A child of a taxpayer can still be a “Qualifying Child (QC)” dependent, regardless of his/her income, if:

1. He is under age 19, or under 24 if a full time student for at least 5 months of the year, or is totally & permanently disabled

2. He did not provide more than 1/2 his own support

3. He lived with the parent (or was away at school) for more than half the year

A person can still be an other dependent (Qualifying relative in IRS parlance, even though they do not have to be actually related), if not a Qualifying Child (QC), if he meets the 6 tests for claiming a dependent:

1. Closely Related OR live with you ALL year

2. His/her gross taxable income for the year must be less than $3,900 (2013) ($4300 for 2021)

3. You must have provided more than 1/2 his support

In either case:

4. He must be a US citizen or resident of the US, Canada or Mexico

5. He must not file a joint return with his spouse** or file a tax return claiming someone else as a dependent

6. He must not be the qualifying child of another taxpayer

 

**There is an exception to the requirement to file MFS. You can claim an exemption for a person who files a joint return if that person and his or her spouse file the joint return only to claim a refund of income tax withheld or estimated tax paid.

Can I claim my daughter who got married on december 19th 2015?

But, it's still your daughter's choice in the end.

Can I claim my daughter who got married on december 19th 2015?

Can you explain the exception? What circumstances would allow them to get a full refund of all withholding by filling MFS to make it possible to file MFJ?
Hal_Al
Level 15

Can I claim my daughter who got married on december 19th 2015?

If they are each are under the filing threshold** for filing MFS, then they can file MFJ, because they will both get all their withholding back, either way. It's just the convenience of filing one return; the result is the same either way.
But if one spouse has (for example) $12,000 income and the other only $2000. The one with $12K income would not get all his withholding refunded by filing MFS . So in that case they would not qualify for the exception. They may want to file MFJ to take advantage of the larger standard deduction and get all his withholding  back.

**Filing threshold (typically $6300 in 2016-17; $12,000 in 2018) )
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