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?
Did your son file a joint return with his common law spouse? What state are they in?
They recently married & I'm filing a joint return on their behalf using TurboTax.
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.
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.
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>
My apologies.... I didn't realize that. Thanks for your time.