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How do I stop Turbo tax from automatically claiming the spouse or common law partner amount?

My son wants to transfer his tuition amount to me. However, Turbo Tax automatically claims the spouse or common law partner amount for his wife and the tuition amount can't be transferred to me. How do I fix this?

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8 Replies

How do I stop Turbo tax from automatically claiming the spouse or common law partner amount?

Did your son file a joint return with his common law spouse? What state are they in?

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

How do I stop Turbo tax from automatically claiming the spouse or common law partner amount?

They recently married & I'm filing a joint return on their behalf using TurboTax.

How do I stop Turbo tax from automatically claiming the spouse or common law partner amount?

You did not say what state you are in. There are only several states that recognize common law marriage. If they are not in one of those states they cannot file a joint return. "They recently married...." What does that mean--were they legally married as of December 31, 2018 or not?

STATES THAT RECOGNIZE COMMON LAW MARRIAGE
CO, DC, CO,IA,KS,MT,OK.RI,SC.TX, UT

And further--if your son files a joint return, then you cannot claim him as a dependent, nor can you claim the education credit.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

How do I stop Turbo tax from automatically claiming the spouse or common law partner amount?

I'm actually living in Canada and I believe the rules are different here regarding recognition of common law marriage and filing joint returns. Thanks for your response.

How do I stop Turbo tax from automatically claiming the spouse or common law partner amount?

Well--you are on the wrong site then! This is the U.S. site!
This is the U.S. TurboTax AnswerXchange. For help with Canadian taxes, please post your question in the Canada TurboTax AnswerXchange, at the following link.
<a rel="nofollow" target="_blank" href="https://turbotax.community.intuit.ca/tax-help">https://turbotax.community.intuit.ca/tax-help</a>

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

How do I stop Turbo tax from automatically claiming the spouse or common law partner amount?

My apologies.... I didn't realize that. Thanks for your time.

How do I stop Turbo tax from automatically claiming the spouse or common law partner amount?

You are welcome. Hope you get it all figured out!

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

How do I stop Turbo tax from automatically claiming the spouse or common law partner amount?

User needs to file in Canada.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

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