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colsonbrooek24
New Member

I am 22 & got married in September. I started my full time job in May & lived at home until July. I was in school until May. Can they claim me as a defendant?

My parents paid for my school and I lived in their house until July without paying rent. But if they claim me I cannot file joint with my husband which is killing our refunds. 

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DanielV01
Expert Alumni

I am 22 & got married in September. I started my full time job in May & lived at home until July. I was in school until May. Can they claim me as a defendant?

It depends.  You may want to review with your parents the benefits they receive for claiming you (if they could, which is questionable) vs. how much it affects your return or returns as a married couple.  If you file as Married Filing Separately and you did not provide at least half of your own support, then they can claim you.  However, if you choose to file a joint return they likely won't be able to do so, as you likely had more than $6300 of income if you had a full-time job since May.

If their benefit is greater than you and your husband's sacrifice, perhaps they are willing to split the difference.  On the other hand, if you and your husband unilaterally file a joint return, then your parents will not be able to claim you, or will lose the claim once the IRS sorts it all out.  (One caveat:  if they claim you and their return is accepted electronically, you would need to mail in your return.  You will win the claim, but it will take much longer to get the refund and may not go over well with your parents)

Given the situation, you probably do well to sort everything out with them if they are willing to do so.  You have the right to claim a joint return as far as tax law is concerned, but you may wish to weigh all consequences before deciding.

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DanielV01
Expert Alumni

I am 22 & got married in September. I started my full time job in May & lived at home until July. I was in school until May. Can they claim me as a defendant?

It depends.  You may want to review with your parents the benefits they receive for claiming you (if they could, which is questionable) vs. how much it affects your return or returns as a married couple.  If you file as Married Filing Separately and you did not provide at least half of your own support, then they can claim you.  However, if you choose to file a joint return they likely won't be able to do so, as you likely had more than $6300 of income if you had a full-time job since May.

If their benefit is greater than you and your husband's sacrifice, perhaps they are willing to split the difference.  On the other hand, if you and your husband unilaterally file a joint return, then your parents will not be able to claim you, or will lose the claim once the IRS sorts it all out.  (One caveat:  if they claim you and their return is accepted electronically, you would need to mail in your return.  You will win the claim, but it will take much longer to get the refund and may not go over well with your parents)

Given the situation, you probably do well to sort everything out with them if they are willing to do so.  You have the right to claim a joint return as far as tax law is concerned, but you may wish to weigh all consequences before deciding.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

View solution in original post

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