If my daughter got married in October of 2022 can I still claim her? She qualifies as a dependant but can she file with her husband and me file her as a dependent?

[angdenise69]

She was a full time student and only worked part time for a few months.

[Opus 17]

First, if your daughter files a joint return with her spouse and their income is more than $25,900, or they claim any deductions, credits or dependents except the standard deduction, then you can't claim her as a dependent.  Her decision to file jointly will override everything else.

If she files jointly but she and her spouse have less than $25,900 of income, and the only reason they file is to claim a refund of withholding, and they owe no tax and claim no credits, then you can claim your daughter as a dependent if she meets the usual qualifications.  Or, if she files as married filing separately, you can claim her as a dependent no matter what her income is, as long as she meets the usual dependent qualifications.  In either case, she must answer "yes, someone else can claim me as a dependent."

If she files MFS, then her spouse must also, and this usually results in higher taxes because the MFS rates are different, and many deductions and credits are reduced or disallowed.  Most of the time, the spouse will pay more tax filing MFS, than you save by claiming your child.  But the only way to know for sure is to try different combinations. 

[angdenise69]

That makes more sense than some things I was reading; thank you for that. 
Her husband tried filing MFS but got an error saying he couldn’t ??

Im not sure if he clicked something wrong or missed something.  

[angdenise69]

[Opus 17]

there seems to be an issue between Turbotax and the IRS.  When filing separately, Turbotax asks if the spouse can be claimed as a dependent, but the IRS is saying not to say yes even if the answer is yes.  So there seems to be a conflict between turbotax;s programming and the IRS programming of their e-file system.  Try reviewing the personal information section and answer No for the spouse question.

[angdenise69]

Thank you again! You have been super helpful.