Okay so I am married as of July 22, 2020, we are going to file married filing separately, can my dad still claim me as a dependent

[Dinah1]

Dependent for the year in which you lived with your dad (2019).  IRS considers you are married for all of 2020.

[Dinah1]

You can be claimed as a dependent for all of 2019.  The IRS will consider you as married for all of 2020.

[xmasbaby0]

Even if you got married on December 31, 2020, you would be considered married for all of 2020 by the IRS.  If you are legally married by the end of 2020 then you have two filing choices--married filing jointly or married filing separately.  If you file a joint return with your spouse you cannot be claimed as anyone's dependent.  If you file married filing separately it is possible for your parent to claim you as a dependent.  Why do you--or your parent -- want this?  Were you a student in 2020?  Is your father wanting to claim the education credit?  If you are claimed as someone else's dependent you lose any education credit you could claim on your own return, and you and your spouse lose earned income credit--if you were eligible for it.  Your spouse will also lose the chance to enter any education credits for tuition or student loan interest paid.  And you will not receive stimulus money.  So be aware of these facts.

If you were legally married at the end of 2020your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $24,800 (+$1300 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit.

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...

[2023brihope]

I am still in college which my dad pays for I’m a full time student my husband is active-duty marine we do not share any assets or live together because I wanted to finish school, but he is stationed in NC

[2023brihope]

So here’s another question then if I file and he doesn’t claim me, then will I get the stimulus check that I did not get it since I did not file for 2019. (I’m 19 will be 20 by tax time)

[xmasbaby0]

If you and your spouse file a joint return you should be eligible for the stimulus money for a joint return.  As of now that is $2400.  Congress has not voted on a second stimulus amount.  If they do, it could be more by tax time.

[Carl]

I am still in college which my dad pays for I’m a full time student my husband is active-duty marine

First, you *MUST* be under the age of 24 on Dec 31 of 2020. If you will be that age or older on Dec 31, 2020, then stop reading. Your father can not claim you as a dependent.

Before I go any further, also understand this about the stimulus payment.  The stimulus payment is based on your 2020 (TWENTY TWENTY) tax return which you will complete next year. If you and your husband file a separate return so that your father can claim you as a dependent, there are two things that will *NOT* happen.

 - You and your husband will *NOT* receive the $2400 stimulus payment.

 - Your father will *NOT* qualify for the additional $500 stimulus payment for a dependent, becuase *YOU* are over the age of 17.

Now lets move on.

If you and your husband file "married filing separate" then your husband also must *NOT* claim any credits for you as his spouse. Not a penny. If he does, then your father can not claim you as a dependent. Period. You also can not claim any credits for your husband, and if you do your father can not claim you as a dependent.

When *you* do *your* tax return, you absolutely *must* check the box to indicate that you can be claimed as a dependent on someone else's tax return. Then your father claim claim you as a dependent on his tax return, and your father can claim any and all education deductions and credits he may qualify for. You can't claim a penny.

Be aware that when a married couple files separate returns, they *BOTH* *AUTOMATICALLY* disqualify for credits they might otherwise get if they filed a joint return. For example, you and your husband both can not claim "ANY" education creidts, child care credits, and the Earned Income credit. That's just a few of the many credits you will both not qualify for if you file separate. Now I'm not trying to talk anyone out of anything. I just want all concerned to *be* *aware* so they can make informed and educated decisions.

Also understand that your husband not claiming you as a dependent does *NOT* have any affect what-so-ever on your dependency status with the military. However, he should "NOT" update his W-4 to decrease his withholding until next year. Otherwise, he may end up owing the IRS when he files his 2020 tax return next year.

[Opus 17]

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@2023brihope wrote:

I am still in college which my dad pays for I’m a full time student my husband is active-duty marine we do not share any assets or live together because I wanted to finish school, but he is stationed in NC

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Let me try and briefly summarize a few key points.

1. Your decision controls; if you decide to file a joint return, your parent can't claim you as a dependent, even if you would otherwise qualify.

2. Most couples save the most on taxes by filing jointly, even if only one spouse has income.  That is mainly because a number of key deductions and credits are disallowed or reduced if you file separately.  Filing jointly is slightly trickier when you live in different states, but it is still doable.

3. If you file jointly. you will probably qualify for a $1200 stimulus payment.  (It will be $2400 if your spouse did not receive a payment, but if he already received a $1200 payment in his name, you would receive the other $1200 on your joint tax refund.)  Your parent can't get a stimulus payment for you from the first stimulus, and even if the "second stimulus" gets passed, it would only be $500.  

4. If you file jointly, then your 1098-T form goes on your joint return and you collect any tax credits (AOTC or Lifetime Learning), even if your parent pays your tuition.  If your parent claims you as a dependent, the 1098-T goes on your parent's return and your parent gets the tax credits.   For high earning parents, their credit may be reduced or eliminated.

5. If you file separately, your parent can claim you as a dependent if either of these two sets of facts is true:

a. You lived with your parent more than half the year, are under age 24, and did not provide more than half your own support for the whole year.  Or,

b. You live anywhere and can be any age, you earned less than $4250 of taxable income, and your parent paid more than half your living costs for the entire year (including the time after you were married.)

6. My guess is that if you file a joint return, you will get more back in credits than your father loses by not claiming you.  But the only way to know for sure is to test the different combinations.