Getting Married but living with his father

[dark0108]

Hello, I am getting married this year and next year, he and I will most likely be living with his father. Can we both be claimed by his dad if we are married filing together or filing separately?

I am still trying to figure this tax thing out.

[Mike9241]

Since he is related by blood to his father he could be claimed as a qualifying child if:                                                     1) No joint return unless neither spouse is required to file and no tax liability would exist for either if filing                   separately                                                                                                                                                                           2) A US citizen, resident alien or national or a resident of Canada or Mexico                                                               3) Be under 19 or a full-time student under age 24 or any age if totally and permanently disabled                       4) Has not provided over half of his own support                                                                                                               5) Lived with his father for more than half the year

If all the above tests are not met he could be claimed as a qualifying relative if:

     A) His gross income is under $4300                                                                                                                                       B) His father provides over half his support

You could be claimed as a qualifying relative if

• Above tests 1, 2, A and B are met. (substitute “your” for “his” in B)

[dark0108]

Apologies for my ignorance but may you expand and re-explain 1)? So do not file a joint return and file separately or vice versa?

[NCperson]

@dark0108 - can you please provide some detail on your income situation- both you are your finance separately (approx. income - really just checking if it is under or over $4300) -  and your ages ? are you or your fiance a student? 

Who is going to provide more than 50% of the household expenses? you and your fiance / husband OR your father in law? 

are you going to live with your father in law for more than half of 2023? what about your fiance / husband? 

Normally, there is no good tax advantage to filing MFS (married filing separate).  96% of married couples file MFJ (Married filing joint).   That may make this whole issue a lot simpler. 

giving us more information about your circumstance (ie. answering the questions I asked) will be easier to give a better response 

,

[dark0108]

I am 21 and a full time student working part time making 16/hour. My fiance is also a full time student (age 18, almost 19) working part time making 15/hour. Both of us most likely make more than $4300, however my father-in-law will provide the most of the household expenses. Do you mean monthly or yearly $4300?
We will be living with him the entire year.
I apologize if I seem difficult, I just want to make sure I am approaching this correctly.

[Critter-3]

First as a married couple you have the right to file a joint return no matter where you live or who pays the household costs.  So if either of you qualify as a dependent on dad's return  AND you are married then you will need to see how each situation works out best for all parties involved especially if you both work and go to college. 

WHO CAN I CLAIM AS A DEPENDENT?

You can claim a child, relative, friend, fiance (etc.) as a dependent on your 2022 taxes as long as they meet the following requirements:

Qualifying child

•They are related to you.

•They cannot be claimed as a dependent by someone else.

•They are a U.S. citizen, resident alien, national, or a Canadian or   Mexican resident.

•They are not filing a joint return with their spouse

•They live with you for more than half the year (exceptions apply).

•They are under the age of 19 (or 24 for full-time students).

• No age limit for permanently and totally disabled children

Qualifying relative

•They don't have to be related to you (despite the name).

•They cannot be claimed as a dependent by someone else.

•They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.

•They are not filing a joint return with their spouse.

•They lived with you the entire year.

•They made less than $4350  (not counting Social Security)

•You provided more than half of their financial support. More info

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them.

Related Information:

[Opus 17]

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@dark0108 wrote:

Apologies for my ignorance but may you expand and re-explain 1)? So do not file a joint return and file separately or vice versa?

---

All the details are here, although it helps to have someone interpret it for you.

https://www.irs.gov/publications/p501

Generally, if you file a joint tax return with your spouse, then his father can't claim either of you, unless the only reason you file a joint return is to claim a refund of withholding and don't claim any other credits, deductions or benefits.  In that way, you the married couple have final say in most cases.

If you don't file a joint return, then his father considers whether each of you could be claimed as a dependent based on the normal rules.  The father can claim his son as a qualifying child dependent if the son:

1. is under age 19, or under age 24 and also a full time student, and

2. the son does not earn more than half his own support.

The father can claim the son as a qualifying relative dependent if,

1. the father provides more than half the son's total support, and

2. the son has less than $4300 of taxable income.

The father can claim you as a qualifying relative dependent if,

1. the father provides more than half your total support, and

2. you have less than $4300 of taxable income, and

3. you lived in the father's home the entire year.

(You can't be a qualifying child dependent of your spouse's father.  You must live in the father's home the entire year but the son does not.)

This leads to several options.

a. you file jointly and the father can't claim either one of you

b. your spouse files MFS and is claimed as a dependent, you file MFS and are not a dependent

c. your spouse files MFS and is claimed as a dependent, you file MFS and are claimed as a dependent

Which is best overall depends on your particular financial circumstances.  But as first mentioned, if you file a joint return, you will in most cases, block his father from claiming either one of you. 

[dark0108]

Thank you, this really simplifies it! I appreciate the help

[NCperson]

@dark0108 - be very careful with the decision - there are "mindfields" and best to decide how to file in April, 2024 based on what really occured..and that includes what tax changes Congress may make between now and then as well as the existing rules for some of the tax credits you might be eligible for.

a lot of the tax credits (think EITC and Educational tax credits) are lost  / reduced if you file MFS.  

96% of married couples file joint....because the rules drive that behavior 

[Opus 17]

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@NCperson wrote:

@dark0108 - be very careful with the decision - there are "mindfields" and best to decide how to file in April, 2024 based on what really occured..and that includes what tax changes Congress may make between now and then as well as the existing rules for some of the tax credits you might be eligible for.

a lot of the tax credits (think EITC and Educational tax credits) are lost  / reduced if you file MFS.  

96% of married couples file joint....because the rules drive that behavior 

---

If the tax laws stay as they are now, and Congress doesn't give away any more freebies, you will probably save more filing MFJ, than your father-in-law would lose.  However, this is not always the case, especially if the father-in-law could qualify as head of household.  

I would start by looking at whether he could qualify to claim you as dependents, and then if he can, do a comparison to see what happens either way.  Most importantly, you need to talk it over in advance.

Best.