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netsky63
New Member

Why can't I claim my husband as an exemption? He had no income & is not filing taxes.

 
1 Best answer

Accepted Solutions
jerry2000
Alumni

Why can't I claim my husband as an exemption? He had no income & is not filing taxes.

The tax law prohibits it.
You can not claim a spouse as a dependent.
See page 11 of IRS Publication 501 which says:

“Your spouse is never considered your dependent.”

You can find IRS Pub 501 at this link:
https://www.irs.gov/pub/irs-pdf/p501.pdf

You can file as Married Filing Jointly, if your spouse agrees and that gets you a personal exemption for both you and your spouse.

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1 Reply
jerry2000
Alumni

Why can't I claim my husband as an exemption? He had no income & is not filing taxes.

The tax law prohibits it.
You can not claim a spouse as a dependent.
See page 11 of IRS Publication 501 which says:

“Your spouse is never considered your dependent.”

You can find IRS Pub 501 at this link:
https://www.irs.gov/pub/irs-pdf/p501.pdf

You can file as Married Filing Jointly, if your spouse agrees and that gets you a personal exemption for both you and your spouse.
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