Dependent after being married if file jointly only to get a refund of taxes paid,

[Anonymous]

Hi,

I recently got married in October 2020, but the rest of the year I lived with my parents. I saw that if I file married jointly, I can avoid being claimed as a dependent. However, there is a small caveat that says this: 

"You can't claim a married person who files a joint return as a dependent unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid."

Would we apply under this and be claimed as dependents since we both are filing our taxes and are eligible for a refund of withheld income tax? Turbotax is saying we are not, but I'm a bit confused on this. It says "only" so I wonder if I also claim credits and other things if I am then not able to be claimed dependent.  Thank you for your thoughts. 

[KrisD15]

Correct, it would be only if you're getting tax you paid refunded back to you. 

[NCperson]

let's break this down a little bit

first, this is about your parents on their return, not you on YOUR return.  

THEY can claim you as a dependent, even though you are married,  if the reason YOU are filing is that you owe no taxes at all which would mean the only reason you are filing is to get back taxes that were withheld on YOUR W-2. 

notice it say YOU (meaning your parents) can't claim a married person who files a joint return (meaning you).....

does that help? 

[macuser_22 · Accepted solution]

Or taking it a bit further - If you have to pay ANY tax, or get a refund *any* more than the amount withheld on the W-2's  ( such as  Earned Income Credit, then you cannot be a dependent.

If the 1040 line 34 is more than line 25d you cannot be a dependent.

[Anonymous]

That makes sense. Thank you for the help. I think we paid tax, just had more with the amount withheld on the W-2, like you are saying.