Can I File jointly?

[Glenn63]

My son got married in December 2016.  His wife (who is 23 years old) was a full time student and had 0 income for 2016.  She will not be filing a tax return.  Her parents supported her and will be claiming her as a dependent.  Can my son still file as married filing jointly?

[MinhT · Accepted solution]

One of the conditions for your son's wife to be claimed as her parents' dependent is that she does not file a joint return (unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid).

Therefore, if your son had taxable income in 2016, he would need to file as Married filing Separately. If he filed jointly with his wife. she cannot be a dependent of her parents.

His wife does not need to file if she had no income. Her education credits will be claimed on her parents' return.