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If I get married but file separately from my husband can I still be claimed my my parents as a dependent to get tuition remission from my mom?

In order to qualify for tuition remission I have to be claimed as a dependent to my mother. I am a full time student.
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7 Replies
Hal_Al
Level 15

If I get married but file separately from my husband can I still be claimed my my parents as a dependent to get tuition remission from my mom?

Q.  If I get married but file separately from my husband can I still be claimed by my parents as a dependent?

A. Yes, probably, but it gets messy.  

 

See a similar question at :

https://ttlc.intuit.com/community/taxes/discussion/can-i-claim-my-daughter-who-got-married-on-decemb...

 

 

If I get married but file separately from my husband can I still be claimed my my parents as a dependent to get tuition remission from my mom?

If you and your spouse both file married filing separately, you can be claimed as a dependent by a parent.   You cannot be claimed as a dependent if you file a joint return with your spouse.  When you prepare your own return, you will need to indicate in MY INFO that someone else can claim you as a dependent.

 

 

Not sure what you mean by "tuition remission"----if a parent claims you, your parent can get education credit--such as the American Opportunity Tax Credit.   YOU do not get any sort of education credit as a dependent---only the person who claims you as a dependent is eligible for an education credit.  Your parent(s) would get the education credit if they claim you.   And be aware of the other limitations of filing married filing separately.   If your spouse was a student, or if he paid interest on student loans, he will not be eligible for any education credits when he files married filing separately.   

 

There are other credits you cannot get when you file married filing separately---such as earned income credit---so neither you nor your spouse will get that credit if you file MFS.  And if you have a child(ren) you are not eligible for any of the child-related credits if you are claimed as someone else's dependent.

**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.**

If I get married but file separately from my husband can I still be claimed my my parents as a dependent to get tuition remission from my mom?

Can you explain why it gets messy? Are their rules against it?

If I get married but file separately from my husband can I still be claimed my my parents as a dependent to get tuition remission from my mom?

Tuition remission means that my college is paid for by the university because my mom works as a lecturer there. I get free schooling because I am claimed as her dependent but I have to be claimed as a dependent.

If I get married but file separately from my husband can I still be claimed my my parents as a dependent to get tuition remission from my mom?

maybe you can be claimed by your parents if you are married and choose married filing separately. However, 

you must be either a qualifying child or a qualifying relative.

You could be claimed as a qualifying child if all these tests are met

  • You have the same principal abode as your parents for more than ½ the tax year.  Temporary absences  are ignored
  • If not a full-time student (any part of any 5 months – in a letter ruling the IRS allowed the month the student registered even though classes didn’t start until the next month), you’re under 19 at the end of the tax year.  If a full-time student you're under 24 at the end of the tax year.  
  • you haven't provided over ½ your own support
  • you might be able to file a joint return with your husband if there is no tax liability and you are merely filing jointly to facilitate a refund of taxes paid in. 

Or you could be a qualifying relative if all these tests are met

  •     your gross income for 2023 is less than $4,700
  • your parents provided over ½ your support

 

however, it is possible that MFS may result in you and your husband paying more in taxes.

also, if you live in a community property state and are filing separate tax returns, you must compute your income, federal income tax, and deductions using the community property rules of your state.

If I get married but file separately from my husband can I still be claimed my my parents as a dependent to get tuition remission from my mom?


@schaefer_boucek wrote:

Tuition remission means that my college is paid for by the university because my mom works as a lecturer there. I get free schooling because I am claimed as her dependent but I have to be claimed as a dependent.


The important question is, can you be claimed?  Do you actually qualify?  You need to read publication 501.

https://www.irs.gov/forms-pubs/about-publication-501

 

To perhaps oversimplify, you can be claimed as a dependent by your mother under one of two scenarios,

 

1. You meet all these tests:

a. You lived in your mother's home more than half the year.

b. You provided less than half your own support (it does not matter who else supported you as long as you provided less than half your own support)

c. You don't file a joint return with your spouse.

d. You are under age 24 while being a full time student.

 

2. Or, you meet these tests.

a. Your taxable income for 2024 is less than $5050.

b. Your mother provided more than half your support (for this test, it does matter, your mother (or parents if she is married) must provide more than half your support)

c. You can live anywhere and be any age for this test.

 

You must meet all the tests for one type of dependent, not 1a and 2b, but 1a,b,c,d all, or 2a and b.

 

Lived at home includes living away from home at college, as long as your mother's home is still your permanent home, and you return there for breaks etc., because being away at college is considered a temporary absence.  But once you move out permanently (such as, to move in with your new spouse), that "lived at home" is over.  So unless you and your spouse live at home with your mom, then whether you can be claimed as a dependent for 2024 depends on when you moved out, and you probably can't be claimed for 2025.

 

The two support tests are sightly different, but for each, you can add up your support costs, and figure out who pays what.  Support includes rent or mortgage, utilities, food, clothing, travel, entertainment, medical expenses, and tuition.  If you got free tuition in 2024, that does not count as support provided by your mother (even though it is her employee benefit) or support provided by you, it is ignored, because it wasn't billed to anyone.  Maybe your mother pays other expenses, or maybe your spouse works and provides your expenses, so that you would pass test 1b.  But unless your mother substantially supports you and your spouse, you probably don't pass test 2b.

 

So it comes down to where you lived, and how much financial support your mother provides. 

 

Then, if you qualify to be claimed, and you either file MFS or don't file at all (because your income is less than the standard deduction), your mother can claim you as a dependent. 

Hal_Al
Level 15

If I get married but file separately from my husband can I still be claimed my my parents as a dependent to get tuition remission from my mom?

There are no rules against what you're trying to do. In fact, it's fairly common. 

 

It gets "messy" in two ways: 1. You still have to meet the dependent rules (explained at the referenced link 

https://ttlc.intuit.com/community/taxes/discussion/can-i-claim-my-daughter-who-got-married-on-decemb...

and by others here, on this post.

2. Your spouse, most likely, will have to pay more tax, because he loses the benefits of Married filing jointly (MFJ), or is hit by limitations on those filing Married filing Separately (MFS).  

 

Basically, you have to weigh the value of the tuition remission against what he loses in tax benefits.  If you have to pay tuition, you will, most likely, be eligible for a tuition credit (another messy detail). 

 

Consider buying the download version of TurboTax, instead of online, as it easier to do "test returns", with the down load software.  You and your parents can use the same down loaded program to prepare and file your returns. 

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