Tax Year Prior to 2020: Can i claim my wife as a dependent since she does not work

[muzz1]

Thanks very much. The reason I was concerned because I still never received my stimulus. Someone told me yesterday that the reason was probably that since my wife and I filed jointly in 2017 & 2018 because I was in college those years, and I had no income, that I was probably dependent on her tax return. She got hers but I never received mines. I really don't know what tax year they used. In 19 she filed single. And I'm also on SSI.

[jcraycroft]

My partner and I have been together around 10 years and have talked about marriage but, don't feel the need to get married for symbolic reasons, if that makes sense.  With that being said, I have claimed them on my tax returns as a dependent because they do not have any income and we live together.  I understand that I can claim my partner as a dependent but, I cannot claim them as one if we are married.  What I want to know is, which tax scenario is better; continue to claim them as a dependent and we remain unmarried or we get a marriage license and file jointly?  For reference my income is approx 38k and we don't own property or have dependents.  Thx for any input!

[VolvoGirl]

Well if you get married and file a Joint return you get a much higher Standard Deduction.  See the amounts for 2019

For 2019 the standard deduction amounts for line 9 are:

Single 12,200 + 1,650 for 65 and over or blind

HOH 18,350 + 1,650 for 65 and over or blind

Joint 24,400+ 1,300 for each 65 and over or blind

Married filing Separate 12,200 + 1,300 for 65 and over or blind

[VolvoGirl]

You could do a fake test return in a new account to see what the difference would be by filing Joint.  You don't need to pay unless you want to print it.

Online is only good for 1 return per account.  But you can use the same email address for 5 accounts.   How to start another return in the Online version

https://ttlc.intuit.com/community/using-turbotax/help/how-do-i-start-another-return-in-turbotax-onli...

Or do a new return in the Desktop program.

[jcraycroft]

Thank you, this helps!

[morton jones]

can i claim my wife if she do sent work

[DoninGA]

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@morton jones wrote:

can i claim my wife if she do sent work

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You can Never claim a spouse as a dependent.  You either file your tax return as Married Filing Jointly or Married Fling Separately.  You would want to file as MFJ even if one spouse has little or no income.

[grayjo713]

My wife wants to file separate, but has only worked part time for Nov. & Dec. of 2021.!!So,can I claim her on my tax return ? If so,how do I file in this situation? ???

[xmasbaby0]

@grayjo713 No.   You cannot ever claim a spouse as a dependent.   Not sure why you want to file separate tax returns since that is usually the worst way to file.

If you were legally married at the end of 2021 your 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 $25,100 (+$1350 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...

[Critter-3]

Sorry ... but a spouse is NEVER a dependent on your return.   If the spouse doesn't want to file jointly then there is nothing you can do about it.  Your only choice is to file separately if you live together. 

[Harrypotterton]

This is simply not true. It may be more beneficial to not claim a spouse as a dependent but it is possible to do so depending on the state you live in. 

[Critter-3]

For the federal return :  

Prior to the 2017 tax law changes you COULD claim the spouse's exemption if you filed separately and other circumstances applied but you could NEVER   list them as a dependent in the dependent section. 

Some state's may still allow personal exemptions that you can claim even if you file separately   but  you still do not list a spouse as a dependent. 

Which state are you referring to exactly ?