My husband is on dialysis 3 times a week and is unable to work. He also does not receive SSI or any assistance. My employment income is our only income. What should I file as? I also have one dependant, 9 years old who is also disabled.
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If you are legally married then you should be filing as Married Filing Jointly even if one spouse has little or no income. You claim the child as your dependent on your tax return.
You should file a joint return; you can file a joint return even if one spouse has little or no income. You will get the married filing jointly standard deduction of $29,200 which makes less of your income taxable.
Do I get a credit or deduction if my child is disabled?
If your child is older than 12 and you need to pay someone to take care of him while you work, you can say he is disabled and you can still get the childcare credit on your federal return. Or if he is 19 or older you may still be able to claim him as a qualifying child dependent on your federal return.
Aside from those things, there is no federal tax advantage to saying that your child is disabled. Your state tax laws might be different.
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