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If my daughter and her spouse filed Married Filing Seperately, would either of them have any taxable icome? I'm not sure how to answer this qestion.

 
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Coleen3
Intuit Alumni

If my daughter and her spouse filed Married Filing Seperately, would either of them have any taxable icome? I'm not sure how to answer this qestion.

This question should only arise if you are trying to claim a dependent. If you wish to claim a married child as a dependent, they would either have to file separately or if jointly, meet the regulation below.

According to the IRS, "You can’t claim a married person who files a joint return as a dependent unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid."

For example, if your married child worked for part of the year and had taxes withheld from her paycheck, she could file a joint tax return in order to claim a refund of all the money that was withheld. If any of the withholding is kept by the IRS, however, she can’t be claimed as a dependent OR they can't file jointly.

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3 Replies
Hal_Al
Level 15

If my daughter and her spouse filed Married Filing Seperately, would either of them have any taxable icome? I'm not sure how to answer this qestion.

Answer what question?
The fact that they are even filing a tax return means they have reportable income.
Hal_Al
Level 15

If my daughter and her spouse filed Married Filing Seperately, would either of them have any taxable icome? I'm not sure how to answer this qestion.

If you are trying to claim your married daughter, as a dependent, see: <a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/2938663-can-i-claim-my-daughter-who-got-married-on-december-19th-2...>
Coleen3
Intuit Alumni

If my daughter and her spouse filed Married Filing Seperately, would either of them have any taxable icome? I'm not sure how to answer this qestion.

This question should only arise if you are trying to claim a dependent. If you wish to claim a married child as a dependent, they would either have to file separately or if jointly, meet the regulation below.

According to the IRS, "You can’t claim a married person who files a joint return as a dependent unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid."

For example, if your married child worked for part of the year and had taxes withheld from her paycheck, she could file a joint tax return in order to claim a refund of all the money that was withheld. If any of the withholding is kept by the IRS, however, she can’t be claimed as a dependent OR they can't file jointly.

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