2007-01-04 14:01:14 · 12 answers · asked by hyecats1968 1 in Business & Finance ➔ Taxes ➔ United States
Actually, there isn't enough information to answer this question. Is she filing a joint return with her husband? than no. Also, her age, income, and whether she was a full time student is a factor.
http://www.irs.gov/pub/irs-pdf/f1040.pdf
Page 28 should help answer your question.
2007-01-04 14:09:31 · answer #1 · answered by chelle8079 2 · 1⤊ 0⤋
I see a lot of wrong answers here. Let me set the record straight. There are 5 tests to be a dependent on a tax return. One of them is the JOINT RETURN TEST. It says, if a taxpayer can file a joint return, then she is NOT a dependent of another taxpayer.
There's always an exception. There is only one. If the taxpayer who can file a joint return is filing the return ONLY to get a refund of 100% of taxes paid in (in other words, owes no income tax and is not getting an Earned Income Tax Credit), then another person may claim the dependent.
The WealthBuilder
Enrolled Agent / Tax Specialist
2007-01-04 22:36:34 · answer #2 · answered by WealthBuilder 4 · 1⤊ 0⤋
The IRS "joint return test" states the following: You "generally" cannot claim a married person as a dependent if she files a joint return. The exemption to this rule is the following:
The married couple filed a return, only to receive a refund and had no "due taxes".
Since it's in your daughters hands to tell you her refund or tax status, it's unlikely that you will be able to claim her.
Crystal
www.crystalibarra.com
2007-01-04 22:38:27 · answer #3 · answered by Crystal I 2 · 1⤊ 0⤋
The people that say you do are wrong. Her status on the day that she files her taxes determines this. She needs to claim herself, since she is married, and no longer a dependent... For example, if she was a full time student, she would get more money, etc. because she was married from FAFSA.
2007-01-04 22:08:00 · answer #4 · answered by facetious5488 2 · 1⤊ 0⤋
Your daughter can choose to file with her husband. If she files with her husband, and they have any tax liability, then you will not be able to claim her. She will claim her own exemption on her return.
If your daughter files with her husband, and they have no tax liability, are not required to file, and are filing only to get a refund, then you may claim her as long as she is otherwise your dependent (in particular, under 19 or under 24 and a full-time student). If this applies, ask her not to claim herself on the joint return, and then you will be able to claim her.
If your daughter does not file a tax return, then you can claim her.
2007-01-05 00:21:07 · answer #5 · answered by ninasgramma 7 · 1⤊ 0⤋
Those who said you can claim her is DEFINITELY incorrect.
Her marital status as of Dec 31st is married. Legally she has to file with her husband.
However, if the husband didn't make much money didn't need to file or only filing to get his tax withholding back, then you MIGHT be able to claim her. We will have to know, how old is she, how much money did she make, was she a full time student, what percentage of her support did you pay, what percentage of her support did she pay for herself, in order to determine if she can qualified as your dependent.
Best wishes.
2007-01-04 22:23:01 · answer #6 · answered by JQT 6 · 0⤊ 0⤋
If you provided more than half her support AND she didn't earn more than $3300 last year, you can claim her. If she did earn more than $3300 last year, she should claim herself to reduce her tax burden and file joint with her husband.
Consider it a late Christmas gift.
2007-01-04 22:13:03 · answer #7 · answered by loryntoo 7 · 0⤊ 2⤋
anything over 6months even one day qualifies you to claim her. my guess is that this will piss her off plenty. i'd say keep the peace and let her claim herself. you don't want to lose your daughter for whatever length of time for money. time lost is priceless.
2007-01-04 22:04:59 · answer #8 · answered by LO! 4 · 0⤊ 3⤋
You do, because the majority of the year she was with you.
2007-01-04 22:08:58 · answer #9 · answered by The Prince 6 · 0⤊ 2⤋
Legally you, however, she will probably claim herself.
2007-01-04 22:04:02 · answer #10 · answered by bosco_industries 2 · 0⤊ 2⤋