It depends. Typically speaking, if you file Married Filing Jointly, then her parents cannot claim her as a dependent. There is an exception to this, however. If you decide to file a joint return, only for a return of taxes paid in, then you may file a joint return and her parents still claim her. In TurboTax, you would mark the box in the Personal Info tab that she can be or has been claimed by someone else.
For this to be the case, you would need to have $16,350 or less of income between the two of you. You would not be able to claim any dependents or any credits of any kind. If your situation is not benefited by any other types of tax breaks, then this may be the most advantageous way to file.
However, if you have more income than this, or you wish to claim dependents or credits (such as school credits), then you will either have to file Married Filing Separately for her parents to claim her (which would not allow for a number of credits or deductions). Your other option is to file a joint return, and mail it in. Her parents would lose her as a dependent, but if you receive a larger benefit than they do, hopefully they are cooperative and amend their return. You would win the claim regardless.
**Mark the post that answers your question by clicking on "Mark as Best Answer"
Still have questions?Make a post