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Level 3
posted Apr 1, 2023 3:33:37 PM

If I claim my father-in-law as dependent with itemized return, if my Mother-in-law files married separately, does my she have to file itemized as well?

My in-laws are living with us, and Mother-in-law had some income making her not qualiti be our dependant, but father-in-law qualifies to be our dependant. I'm filing itemized and claiming my father-in-law. So now does my Mother-in-law have to file itemized because my father-in-law is as a dependant on an itemized return?

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1 Best answer
Expert Alumni
Apr 1, 2023 3:55:42 PM

If your father is not filing, and you are claiming your father as your dependent,  your mother-in-law can choose either, Standard or Itemized Deductions on her Married Filing Separate return. 

 

IRS link

3 Replies
Expert Alumni
Apr 1, 2023 3:55:42 PM

If your father is not filing, and you are claiming your father as your dependent,  your mother-in-law can choose either, Standard or Itemized Deductions on her Married Filing Separate return. 

 

IRS link

Level 3
Apr 1, 2023 4:02:24 PM

Thanks @KrisD15. So on my Mother-in-law return, where it's asking is her husband is filing, I should say no, right?

Expert Alumni
Apr 1, 2023 6:49:25 PM

Correct. 

 

You are claiming him, he is not filing. 

 

Your Mother-in-law selects that her spouse is not filing so that the TurboTax program will NOT be concerned with which method she uses for deductions, whether Itemizing or Standard. 

 

I should mention that if they live in a Community Property State, there could be a question as to if the income is community income, in which case your father would need to claim his half. 

If they are not in a Community Property State, that would not be an issue.