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IRS? Taxes? Married? Dependent?
My husband and I married on Nov 27, 2010. I was a half-time student with loans that I did pay for 6 months. As a result, I have educational expenditures. I have noticed that I cannot file for educational expenditures if I file separately rather than jointly. As a result, my question is since my husband lived with his family prior to November, can his father file for him as a dependent? I want to be able to file for my educational expenditures, which is why I am asking.
3 Answers
- JssLv 71 decade agoFavorite Answer
1. If your husband is 19 (in 2010) or he provided more than half of his expenses he can not be qualifying child of his father.
2. If your husband is 19 and earned more than $3650, he can not be qualifying relative.
3. You can’t claim a married person as dependent if he or she files a joint return except that the joint return is only a claim for refund and no tax liability would exist for either spouse on separate returns.
Source(s): ependent -- Qualifying Child and Qualifying Relative http://taxipay.blogspot.com/2008/03/requirements-f... - Cathi KLv 71 decade ago
If you file jointly with your husband and get back anything other than what you paid in, ie the educational credit, then the father cannot deduct him as a dependent. In essence, marriage trumps the dependency claim.
- GordonLv 61 decade ago
You can file jointly with your husband. You can be a dependent on your joint return. You husband can be a dependent on yours or his parents return, but not both. That should not effect your ability to file for your educational expenses.
