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harky
New Member

Claiming dependents

Hello,

My husband and I are married, lived together all year and have two qualifying dependents. I made less than him but contributed to our yearly expenses equally. I plan to file married filing separately. I want to put dependents on my tax return because he owes a federal tax debt. Is this possible even though we both can claim them and we both live together and I made less for the year? 

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5 Replies
MinhT1
Employee Tax Expert

Claiming dependents

In almost all situations, it is more beneficial to file Married Filing Jointly than Married Filing Separately.

 

Please read this TurboTax Help topic for more information.

 

In your case, you can consider filing jointly and filing form 8379 - Injured Spouse to protect your share of the tax refund.

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harky
New Member

Claiming dependents

Based on a quick run through with me claiming dependents when using “married filing separately”, our refund is much larger compared to filing jointly. 
I just want to make sure I can still claim dependents on my tax return even though we are married and live together and can both claim dependents. Thanks 

Vanessa A
Employee Tax Expert

Claiming dependents

Yes, even if you are married and live together and file separately, you can still claim the kids. However, only one person can claim each child.  So if you have 2 kids, you can claim one and they can claim one or you can claim 2 and they can claim 0.  

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harky
New Member

Claiming dependents

if I file my return and claim both dependents, will my husband be required to fill out a form giving me the right to claim dependents?

DaveF1006
Employee Tax Expert

Claiming dependents

Yes. He can file form 8332 with his return to give up his right to claim the kids. Form 8332 is not included in Turbo Tax but you may print out form 8332 here.

 

Once filled out and signed, your husband will need to mail this form, with the transmittal Form 8453 within 3 business days from the date the return is accepted. The 1040 income tax return can still be e-filed.  On the 8453 you simply check the box Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent.

 

The forms should be mailed to:

 

Internal Revenue Service
Attn: Shipping and Receiving, 0254
Receipt and Control Branch
Austin, TX 73344-0254

 

 

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