I live with my father in law and he wants to claim my wife's son. Can I claim her still on my taxes or would he have to since he is claiming her son?

[BobB7 · Accepted solution]

I assume all three of you live with your father in law.  You and you wife can file a joint return so to get credit for her exemption as well as yours whether or not he claims your son.  And you and your wife can claim her son even if he wants to, unless you permit him to.  You are allowed to do that and he is allowed to claim her son assuming you have lived with him at least six months last year.

[spalding90]

We let him claim our son basically for the years rent. I just wasn't sure if he would have to also claim my wife in order to claim her son or if he can claim the son and me my wife

[BobB7]

Well, as I said, since you were there over 6 months it's OK to do it that way.  But I suggest that you look at what your refund would be if you claim her son and have him figure out the value of claiming him  I'm guessing that the tax benefit of him being on your return would exceed the other, in which case you can give him that part of your refund.