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james_gary
New Member

Can my wife's parents claim my wife?

My wife was a college student from the end of January to the beginning of May (full time). Does this qualify for the 5 months necessary for her to be claimed as a dependent by her parents?
1 Reply
ValerieE
Level 4

Can my wife's parents claim my wife?

Maybe.  Whether or not she can be claimed as a dependent by her parents depends on a lot more than her status as a student.  

To answer your direct question, yes, Being a college student for any part of five months will meet the age test (as long as your wife is under the age of 24 at the end of the year).  

The other two issues to consider though are the support test and how you and your wife plan on filing.

If your wife paid for more than half of her support for the year, her parents cannot claim her.

If you and your wife file a joint return, her parents cannot claim her, unless your joint income is very low.  If you are not trying to dispute having her parents claim her and she meets the support test, then you and your wife will have to file two separate returns using the Married Filing Separately filing status.  

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