"My fulltime college student got married in 2016. We want to claim her as a dependent and have them file married jointly (only to receive a refund of tax withheld.) According to what we've researched, this is acceptable. However, when it comes to the ques

[ChristinaS]

Your question got cut off... What problem are you running into? How much income is on the return of your married daughter?

[frostedflakes101]

Didn't realize that! Thank you!  Following is my entire question:  "My fulltime college student got married in 2016. We want to claim her as a dependent and have them file married jointly (only to receive a refund of tax withheld.) According to what we've researched, this is acceptable. However, when it comes to the question asking if she and her spouse were to file separately, would either have taxable income, it disqualifies her as being our dependent when I answer yes (she did have 3 jobs and make approx 10,000 but paid in). I believe she will owe some in state but will receive a federal refund Any help or guidance? Thank you!"

[ChristinaS · Accepted solution]

In order to claim a married dependent, your child must:

a/ file Married Filing Separately. If she files married filing separately, you can claim her based on the "normal" rules like being a student, providing less than half of her own support etc.

-Or-

b/ file a joint return just to get taxes back, when neither spouse has a filing requirement (this is what the question is asking... if she was to file Separately, would she have taxable income? She would have taxable income, since her income is over the standard deduction of $6300.

$10,000 is too high to meet option "B". A dependent who has earned income of $6300 or more must file a tax return. So, in order to claim your daughter, whose income does require the filing of a tax return, she cannot file a joint return. At $10,000 in income, she is not filing a joint return just to get taxes back- she is required to file a tax return.

[frostedflakes101]

That is in incredibly helpful and clears it all up for me!  Thank you so much!  I would have never figured that out!

[ChristinaS]

no problem- happy to help! (It is kind of confusing, so don't feel bad about that)