Can I claim my spouse as a dependent?

kokumaker · ‎June 7, 2019

My wife is unemployed. Can I claim her as a dependent, and if so, in the "personal info" question which asks whether someone can claim her as a dependent, would I say "yes"... meaning myself?

macuser_22 · ‎June 7, 2019

How about a simple answer: No, a spouse can never be a dependent. File jointly with your spouse even if one spouse had no income. You will get two exemptions, same as a dependent.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

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ScruffyCurmudgeon · ‎June 7, 2019

[deleted] duplicate answer by error]

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lindareed472 · ‎June 7, 2019

broken money out she retire when she job went out for business

macuser_22 · ‎June 7, 2019

How about a simple answer: No, a spouse can never be a dependent. File jointly with your spouse even if one spouse had no income. You will get two exemptions, same as a dependent.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

ScruffyCurmudgeon · ‎June 7, 2019

Just to reinforce what MACUSER told you and he is absolutely correct:

Each taxpayer filing, that is in your case husband and wife, is entitled to a "personal exemption" which reduces your taxable income by $3,900 so for a married couple, a total of $7,800.
When a taxpayer has a valid claim of a dependent, such as a child or parent that is supported, the dependent credit is exactly the same $3,900. A spouse is never a dependent!

If this posted response is useful to you, please click on the upraised hand in the lower left of this post. Thank you. Scruffy Curmudgeon--PFFM/ IAFF, retired FireFighter/Paramedic - Locals 718/30, Veteran USAR O3 AIS/ASA '65-'67

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ceecee13 · ‎June 7, 2019

what if my spouse only work 6 months out of the year

macuser_22 · ‎June 7, 2019

It does not matter if the spouse didn't work at all. Yoo can still file jointly.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

ScruffyCurmudgeon · ‎June 7, 2019

you are right - failed to see the change of id

If this posted response is useful to you, please click on the upraised hand in the lower left of this post. Thank you. Scruffy Curmudgeon--PFFM/ IAFF, retired FireFighter/Paramedic - Locals 718/30, Veteran USAR O3 AIS/ASA '65-'67

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ScruffyCurmudgeon · ‎June 7, 2019

This answer is directed to @trenttillman64's companion who may or may not be supporting her and the child.

The IRS has a walk-through that he can use to make certain he can claim you as a dependent:

https://www.irs.gov/uac/Who-Can-I-Claim-as-a-Dependent%3F

While the Federal Government does not recognize unmarried partners in terms of filing taxes jointly , there are rules that could allow you to claim your partner as a dependent on your tax return, assuming your situation meets certain criteria.

In order to claim your unmarried partner as a dependent, you must answer yes to the following questions:

1. Do you support your partner financially & Does your partner live with you all year? In order to claim your partner as a dependent, you must provide at least 50% of your partner’s total support for the year. Support is defined as food, clothing, shelter, medical and dental care, education and other normal expenses. Your partner must live with you all year.

2. Does your partner make less than $4,000 per year? The person being claimed as a dependent cannot make more than $4,000 per year in taxable income. Nontaxable income such as social security benefits, welfare and gifts do not count.

3. Is your partner a U.S. Citizen? Your partner must be a citizen of the U.S., Canada or Mexico or must be a resident alien to qualify.

4. Is your relationship to the dependent within the local laws? This is a tricky one and many courts have ruled against this particular test in the interest of privacy but, essentially, the IRS does not want to allow the deduction if your relationship violates local laws.

IRS SAYS:

The person cannot be your qualifying child or the qualifying child of any other taxpayer.
The person either (a) must be related to you in one of the ways listed under Relatives who do not have to live with you , or (b) must live with you all year as a member of your household2 (and your relationship must not violate local law).
The person's gross income for the year must be less than $4,000.3
You must provide more than half of the person's total support for the year.4

If this posted response is useful to you, please click on the upraised hand in the lower left of this post. Thank you. Scruffy Curmudgeon--PFFM/ IAFF, retired FireFighter/Paramedic - Locals 718/30, Veteran USAR O3 AIS/ASA '65-'67

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leenz · ‎June 7, 2019

Edited: I seem to be unable to delete this answer. The other posters are correct. The answer is no, you cannot claim a spouse as a dependent, although you can claim an exemption for them if you are filing separately, and they had no income.

SweetieJean · ‎June 7, 2019

Claiming an exemption is not the same as claiming a dependent. For example, you can claim an exemption for yourself but you do not claim yourself as your own dependent.

macuser_22 · ‎June 7, 2019

You can claim an *exemption* under that circumstance with is very different that claiming a dependent. A spouse can *never* be a dependent.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

trenttillman64 · ‎June 7, 2019

What if your not married just the mother of the child and lived with the father of our child which is wanting to claim both of us

VolvoGirl · ‎June 7, 2019

He might be able to claim both of you and he can probably qualify to file Head of Household. He can claim you if you lived with him all year and you made less than $4,000 total income including any unemployment.

trenttillman64 · ‎June 7, 2019

I made $0 and stayed woth him all year would i be a dependent

Can I claim my spouse as a dependent?