Is it still joint?

Question

My fiance and I are getting married in the beginning of November and I
don't work so how should he file this year? Is it still joint or does
he claim me as a dependant and my kids?

Answer 1

The IRS rules for inclusion of you and your kids on his tax return is independent of each other. Meaning, his 2006 tax return may include you but not your children.

Here is the rule for spouse:
As long as you are husband and wife by Dec 31, 2006, then you and your fiance can use Married Filing Jointly status.

For income tax purpose, you are not a dependent but a Spouse. You will count as one exception on the joint tax return.

Here is the rules for children (assuming the children's father isn't going to claim them on his return):
If your children has been living with your fiance the whole year and you will not be filing for income tax this year, then your children are "Qualified Relative" of your fiance. And he can claim one additional exemption for each child.

If your children hasn't been living with your fiance the whole year, then he can't claim them this year. Because there is no relation between him and your children and therefore the children are not his "Qualified Child".

For subsequent years, because your children are his step-children. As long as a child stayed with him (and you) for at least 6 months, under 19-year old, and do not provide more than 50% of his/her own support, then you and your husband can claim the child as a dependent on your joint return.

If the children's father has been paying child support and could claim them as dependents, it is best that you work it out with him for this year as well as future years. You can take turns on who get to claim the children. If you leave it up to IRS to decide, they will give the exemption to him this year because you had no income of your own.

Best wishes.

Answer 2

Filing status is determined as of December 31st of each year. If married then it is either a joint return or filing separately returns.

As for the kids: Who has custody? Mom or Dad? what does the father have to say by divorce decree? Did he provide for support of those children?

If Dad provided for more then 50% of the support for the year or the divorce decree says he gets to take them, you nor your fiance can not.

Read the instructions to the 1040 form www.irs.gov

Answer 3

Some screwy answers...Jst to clarify you can NEVER claim your spouse as a dependant. You either file jointly or separately. Remember that if you file separately, you (as a couple) will usually end up paying more taxes and you may not be eligible for certain deductions/credits (or have lower income eligibility levels...meaning you don't qualify if your AGI is over a certain amt).

Answer 4

If you are married on or before dec 31st, you file as a married couple unless its too your advantage to file seperatly. However if your not working, its going to be best (and legal) to file as husband and wife for the full year. IF he is supporting your children then he can claim them as well. That however will be different if they are the children of some one else and (bio dad vs. step dad) he has the right to use them as dependants. In that case your husband may claim himself and you. If your husband is the father of your children, then he claims all.

Answer 5

Married - filing jointly

Answer 6

Marry filing joint as filing status and under exemption you and him would put your kids as dependent.

Answer 7

He would want to file jointly and claim your children as his dependents.

Answer 8

Married filing jointly with deductions for him, you, and each kid.

Answer 9

If I was him, I would claim you and your kids. I feel as if that would give you the most money back or pay the least amount of taxes.

Answer 10

i think it makes sense that he claims you all as dependents and that YOU DON'T FILE JOINTLY.