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Level 3
posted Oct 25, 2023 1:26:35 PM

Dependent

My husband and I live in the same state but not in the same county. I have a child prior to our marriage, if my husband gave me money would I be able to claim my child as a dependent? Or would my husband? 

 

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5 Replies
Level 15
Oct 25, 2023 1:29:13 PM

What are you trying to do?  What is this stuff about your spouse giving you money?  How do you think that enables you to claim your child?   If you and your spouse are legally married, you can file a joint return and the child can be claimed as a dependent on the joint return.  

Level 3
Oct 25, 2023 1:45:27 PM

I could be mistaken, if you file taxes with a dependent doesn’t your income have to be able to support the child solely? Can we file jointly if we live separately? 

Level 15
Oct 25, 2023 1:52:03 PM

Yes you can file a Joint return even if you live apart.  Joint is the best way to file.  Or if you lived apart for the last 6 months of the year and have a child you can file as Head of Household.  

 Married filing Separate is tricky.    Here's some things to consider about filing separately……

 

In the first place you each have to file a separate return, so that's two returns.  And if you are using the Online version that means using 2 accounts and paying the fees twice.  

 

Many people think they come out better when filing Married Filing Separate but they are probably doing it wrong.  If one person itemizes deductions on Schedule A then the other one must itemize too, even if it's less than the standard deduction, even if it is ZERO!  And if you are in a Community Property state it can be complicated to figure out.

 

And there are several credits you can't take when filing separately, like the

EITC Earned Income Tax Credit

Child Care Credit

Educational Deductions and Credits

 

And contributions to IRA and ROTH IRA are limited when you file MFS.

 

Also if you file Married Filing Separately up to 85`% of your Social Security becomes taxable right away even with zero other income.

 

See …….

https://ttlc.intuit.com/community/married/help/is-it-better-for-a-married-couple-to-file-jointly-or-separately/00/25590

Level 3
Oct 25, 2023 2:21:29 PM

How can you file jointly without living together? How do we determine the best married filing status? 

Level 15
Oct 25, 2023 2:28:25 PM

You can file Joint because you are married.  You have to agree to file Joint.  You have to enter each spouse's info and income on the Joint return.  How you enter it is up to you.  If you use the Online version then I guess each spouse could log into the account to enter their income.   You would both need the username and password.  Then coordinate who enters what and when.  

WHEN 2023 is available......

To compare Joint to MFS.  If you are using the Online version, do NOT change anything on your return.  You would have to start with a new account and do a test return.  You don't have to pay unless you want to print it out.  So you might need 3 accounts, one for Joint and two MFS, one for each spouse.

 

How to Compare Joint to Married Filing Separately

https://ttlc.intuit.com/community/married/help/how-can-we-compare-married-filing-jointly-with-married-filing-separately/00/26551

 

How to start another return in the Online version

https://ttlc.intuit.com/community/using-turbotax/help/how-do-i-start-another-return-in-turbotax-online/00/25596

 

It would be better to use the Desktop CD/Download program.  It can do unlimited returns and has a What If worksheet to compare them and many other advantages over the online version.

 

You can buy the Desktop CD/Download program here

https://turbotax.intuit.com/personal-taxes/cd-download/