IRS? Dependent Filing?

Since you were married before December 31 2010 and you are filing as a married filing joint income tax return together his parents should NOT be claiming him as a dependent on their income tax return.

Qualifying Child

There are five tests that must be met for a child to be your qualifying child. The five tests are:

1. Relationship,

2. Age,

3. Residency,

4. Support, and

5. Joint return.

These tests are explained next.

Go to the www.irs.gov website and use the search box for Publication 17 go to chapter 3 Qualifying Child

http://www.irs.gov/publications/p17/ch03.html#en_U...

#5 The child is not filing a joint return for the year (unless that return is filed only as a claim for refund)

Joint Return Test (To Be a Qualifying Child)

To meet this test, the child cannot file a joint return for the year.

Exception. An exception to the joint return test applies if your child and his or her spouse file a joint return merely as a claim for refund.

Example

Hope that you do find the above enclosed information useful to you in the situation that you now find your self in and good luck to you

Generally, a parent can't claim a married child that is filing a joint income tax return. The only exception is when the married child is only filing a joint return for a tax refund and (the "and" is important) there would be no tax liability for the married couple if they filed separate returns.

Liability doesn't mean that you owe, you can get a refund even if you have a "liability". If you're doing a form 1040A, that would the the "tax" on line 28. That number would have to be zero for both of you if you filed separately in order for his parents to claim him.

If either you or your husband have any tax liability, his parents cannot claim him. If you don't, then it would be okay for them to claim him, but may next question would be-who's educational expenses are you claiming? If they're yours, no problem. If they're his, and his parents claim him on their return, then they claim the education expense also. If your husband is going to claim his own education expense, his parent's cannot claim him on their return.

Is the quantity of your expected refund better than the quantity you owe? You do the 2d grade math and there will be your answer. Claiming dependents has no longer something to do with you getting a reimbursement or no longer.

Consequences to him? His parents might be mad at him for awhile.

If you file a joint return, their claim will be disallowed.

If each of you made less than $3650, it's find for them to claim him.

If either one of you made more, marriage trumps dependency.