MFS and Dependents

Forum|Forum|6 years ago
February 23, 2020
5 replies
33 views

My wife and I do MFS because of student loan. We did the same last year and I had no problems because we each have a child that we could take the tax credit for every other year. However 2019 neither one of us takes the tax credit for our biological children.

However, we adopted 2 children in 2019. Right now it is telling me as I fill out my wife's taxes that they are not eligible to be claimed by her. It asks if there is a decree, and I put No since we are not divorced. It then asks who makes more money and then says she cannot claim them on her taxes. I also chose the option that they spent an equal amount of nights with both of us as we were all together for 2019.

Why can't she claim one of the children and I claim the other? Why is it asking if there is an agreement when there is no divorce and I mark adopted?

KatrinaB48

Level 15

One of the requirements for claiming a dependent is that the child must have lived in your home for more than half the year. If the two of you had the children an equal number of nights, then neither of you will qualify to claim the children. There must be a custodial parent and a noncustodial parent.

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RFSAuthor

Level 2

We are married but MFS for student loan reasons. The kids lived with both of us every night of the year.

LeonardS

Level 14

Have you compared the differences in your overall tax liability between filing jointly vs filing separate?

Whether or not you file jointly or separately is your choice but generally, if you are married it is more advantageous to file jointly. The following TurboTax article was written to help couples decide the best way to file. Should You and Your Spouse File Taxes Jointly or Separately?

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