Can I claim my mom even my dad is filling jointly (but not claiming her as a dependent)?

[eli1]

My tax return was rejected with this reject code IND-512-01 

Description of error: Each Dependent's SSN (or Qualifying Child Identifying Number on Form 1040SS(PR)) on this return must not match the Spouse SSN on another return. 

I’m claiming my mom as a dependent. However, my dad e-filed his tax (jointly with my mom) but he didn’t claim my mom as a dependent. Would it be okay for me to mail the tax papers since it got rejected? Or this is something that I can’t do?

[VolvoGirl]

Not sure if you can claim her but on his return he would have had to check the box under her info that someone else could claim her.  

And by the way on his return a spouse is never his dependent.  Married people can never claim their spouse as a dependent.  They just file a Joint return.  

[dweelea]

Because your parents filed jointly, you cannot claim your mother as a dependent.   Any person who files a joint return cannot be claimed as a dependent on another return.

[eli1]

Thanks for your response. My dad checked the option on his tax return that someone else can claim my mom as a dependent and it shows it on the first page of his tax return. Isn't it still possible for me to claim my mom?

[dweelea]

If your parents, filing together, have a $0 tax liability for the year - and they are only filing to claim a refund of taxes withheld, then theoretically you could claim your Mom.  But if one of your parents earns enough income to require them to pay taxes, then neither of them can be claimed as a dependent by someone else.

Does your parents combined have enough income that they have to pay some taxes?  (Not that they owe at the end or the year - but they do not get back all of the taxes that were withheld).

[dweelea]

If you're not sure - check line 10 (Taxable income) on their return.  If that amount is over 0, you cannot claim your mom.

[eli1]

Yes. The line number 10 on their tax return is 0 and both of them marked the box that someone could claim them. My brother has claimed my dad and I have claimed my mom since we both are supporting one of them. But e-file was rejected with the error message above. So I'm assuming that I need to mail my tax return instead of e-file. Is that right? Or should I e-file it one more time? Thank you!

[dweelea]

Yes, you should mail the tax return.  E-filing again will just produce the same error.  On a side note - is there a reason your parents are filing a tax return at all?  They are probably not required to.  If they are filing to get back anything that was withheld, they could contact whoever is withholding the tax and tell them not to.  If you and your brother are going to continue to claim them, it would be easier if they did not file if they don't have to.

[eli1]

Thanks for your response. Since my parents are going to apply for citizenship soon, they filed their taxes so they don't be asked why they haven't filed their tax returns. By the way, I called the IRS and I was told that since my parents had $0 federal tax withheld (line number 16), then they won't be qualified as a dependent. Now, I need to file an amend for them with the status of filling separately, so my brother and I can claim them as dependent. Thanks!