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mlblevins
New Member

My daughter got married 2 days before the year ended. She turned 18 in Sept. Her husband is trying to claim her, she lived with me until Feb of this year. Who files her?

 
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2 Replies

My daughter got married 2 days before the year ended. She turned 18 in Sept. Her husband is trying to claim her, she lived with me until Feb of this year. Who files her?

First----a spouse can never be claimed as a dependent.   So her husband cannot "claim" her.  But as a married couple, they can file a joint return.   If they are filing a joint return, you cannot claim her as a dependent.   You will lose the $500 credit for other dependents if they file a joint return; depending on your other circumstances, you might also lose earned income credit or Head of Household filing status.

 

If they file a joint return, they might be eligible for earned income credit and will have the married filing jointly standard deduction of $29,200.   

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
SabrinaD2
Expert Alumni

My daughter got married 2 days before the year ended. She turned 18 in Sept. Her husband is trying to claim her, she lived with me until Feb of this year. Who files her?

When it comes to filing taxes, the IRS considers a person's marital status as of December 31st. Since your daughter got married two days before the year ended, she is considered married for the entire tax year.

Here are some key points to consider:

 

Filing Status: Your daughter and her husband have the option to file their taxes jointly or separately. Filing jointly is usually more beneficial as it can lead to a lower tax liability and eligibility for more credits

 

 

Dependency: Since your daughter is married, she generally cannot be claimed as a dependent by you or anyone else. Her husband can claim her as a spouse on their joint return

 

  • You can't claim a married person who files a joint return as a dependent unless that joint return is only to claim a refund of income tax withheld or estimated tax paid

To claim your daughter as a dependent, she must meet specific criteria set by the IRS. Here are the key points to consider:

Qualifying Child: For your daughter to be considered a qualifying child, she must:

  • Be under age 19 at the end of the year, or under age 24 if a full-time student.
  • Have lived with you for more than half of the year.
  • Not have provided more than half of her own support for the year.
  • Not file a joint return with her spouse unless it's only to claim a refund of income tax withheld or estimated tax paid.

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