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if your wife (assuming you were married on 12/31/2023) agrees to file a joint return with you, then the parents can not claim her. your wife's decision is superior to their wish. The other question is whether she even qualifies as a dependent. MFS is generally the worst way to file, but without info there is no way for sure.
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they can claim her provided the following tests are met and she does not agree to file a joint return with you.
She could be claimed as a qualifying child if all these tests are met:
• She had the same principal abode as her parents for more than ½ the tax year. Temporary absences are ignored
• If not a full-time student (any part of any 5 months – in a letter ruling the IRS allowed the month the student registered even though classes didn’t start until the next month), she's under 19 at the end of the tax year. If a full-time student she's under 24 at the end of the tax year.
• she hasn't provided over ½ her support
Or she could be a qualifying relative if all these tests are met:
• her gross income for 2023 was less than $4,700
• the parents provided over ½ her support
• she isn't a qualifying child
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@05aj990006 normally upon marriage Claiming a Dependent: You can claim a child or relative as a dependent as long as no one else can claim that person as a dependent. Generally, you cannot claim someone as a dependent if he or she is married and filing a joint tax return.You can’t claim a married person who files a joint return as a dependent unless that joint return is only to
claim a refund of income tax withheld or estimated tax paid
You are legally married filing jointly. As your spouse was claimed erroneously by her parents, her parents will need to file an amended return.
You sadly then can not e-file as she was claimed by them and would have to file by mail to clear up the issue. If your are legally married, you need to file as such. OR you can file as married filing separate which may not be beneficial as it reduces amounts you can claim.
Here is a step by step interview to determine whom can claim her: https://www.irs.gov/help/ita/whom-may-i-claim-as-a-dependent
https://apps.irs.gov/app/vita/content/globalmedia/overview_of_the_rules_for_claiming_4012.pdf
You may want to utilize the desktop software as you can e-file up to 5 returns with one license.
Online: Open or continue your return. Select My Info in the menu, or Select Personal info, then select Continue. On the Personal info summary screen, select Edit next to Married Filing Jointly. Answer No to Do you want to file this return together with your spouse?
First, decide how you want to file. If you want to file jointly, print your return and mail it. Your wife's parents can't claim her as a dependent and the IRS will contact them about the situation. In most cases, you will save more money filing jointly than your in-laws will lose.
However, if you agree to file separately to allow your in-laws to claim your wife, then you need to file 2 new tax returns, as "married filing separately." I don't think you can "clear and start over" after you have actually transmitted your return, so you can't use your existing account to file one of the separate returns. You will need two new accounts, each of which will be charged separate filing fees. You will have to call customer support to get the charge from the rejected joint return to be applied to one of the separate returns. Your wife will check the box on her separate return for "I can be claimed as a dependent by someone else." Be aware that when filing as married filing separately, you will probably pay more tax, because many deductions and credits are reduced or disallowed, especially if you have children.
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