Do I have to be claimed by my spouse?

Question

My dad payed for my school all of 2006, while sending me 500 spending money each month. I had been living with my fiance for the past year, and finally got married in November 06.
I feel that my father should claim me, for legally I had been his dependent, but then my husband should because he has been paying our rent ($1800 a month - living in Hawaii) and he has paid for my new mustang and other living expenses.

Can I choose who to claim me? Am I require to be claimed by my spouse instead of my father? or is it split from the time I got married?

Answer 1

Wow! One or two half-right answers and a boatload of BAD advice! Folks, if you don't know the law or are too lazy to even look it up, please keep your BAD advice to yourselves!

No, sorry, you cannot choose. You are married. Your father can no longer claim you under any circumstances. (There is one exception, but it clearly doesn't apply here.) Your marital status on 12/31 is what determines how you can file your taxes and how the exemptions are handled. How much support your Dad provided prior to your marriage is no longer a factor.

You're not actually "claimed" by your spouse either. Here's how it works:

File Married Filing Jointly. As a couple, you will claim one exemption each for a total of 2.

File Married Filing Separately. You will claim your own exemption.

In almost all cases, filing a joint return will result in the lowest tax for you as a couple.

Your loyalty and concern for your Dad is admirable. But when he "gave your hand" in marriage, the exemption went with you and he can no longer claim you as a dependent. (One of the tears in his eye may have been for that, though mostly he was just happy for you.)

Answer 2

If you allow your father to claim you then you and your husband may not file a joint return. This is because the law only allows a joint return if you are both exemptions on the same return. Having to file as married filing separately will probably cost more than your father will save in taxes by claiming you.
If you want tell your Dad to figure out how much he would save by claiming you on his taxes and gift him that amount for not being able to claim you on his tax return.

Answer 3

No, you can't choose, and no, there's no "split" available.

If you file a joint return with your spouse, then your dad won't be able to claim you. But it sounds like that would be the reasonable thing to do. It sounds like your fiance, now husband, actually provided more than half of your support anyway.

Answer 4

A person qualifying as a dependent:

--generally may be your child, stepchild, adopted child, grand child, great-grand child, son or daughter in law, father or mother in law, brother or sister in law, parent, brother, sister, grand parent, step-parent, stepbrother or sister, half brother or sister, and, if related by blood, uncle, aunt, niece, or nephew. The above relatives do not have to live with you. Also, any person, whether or not you are related to them, who is a member of your household for the entire tax year, except for temporary absences;

--must receive less than $3,200 of gross income in 2006, unless the dependent is your child and either under age 19 or a full-time student under age 24;

--must receive more than one-half of his or her support from you;

--cannot file a joint tax return with his or her spouse, unless the joint tax return is filed solely to obtain a tax refund when neither the child nor the spouse is required to file a tax return; and

--must be a U.S. citizen or national, or a resident of the U.S., Canada, or Mexico.

A child who is paying more than one-half of his or her own support may not be claimed as a dependent and you cannot take a tax exemption on your tax return.

http://www.wwwebtax.com...

Answer 5

I think that you may be able to be claimed on both, your father's and your spouse's return.

Generally, the exemption will go to the taxpayer who paid for 51% of the "dependent's" living expenses. In your case, I'm leaning toward your father, primarily because your spouse would have personal "living expenses" (rent, utilities, etc.), whether he was married or not. The car is not a "living expense", and the "other expenses", are minimal for the two (2) months that you were married.

Having given my opinion, I recommend that you contact the local IRS Office (? Honolulu ?) to get an "official" position. (call or stop in). They'll help without asking personal information, so don't worry about having your return flagged.

Answer 6

The first question on the IRS form is how do you want to file IE: married, but filing at Single rate, etc. I think although your father deserves to have a write-off for the money he spent on you, that you have to have lived with him for the whole year. Try going to Turbo Tax and checking it out for free. Also, of course y'all can go to the IRS website, and check their Q&A section. If all else fails, you can ask a tax consultant (like H&R Block).

Answer 7

Are you over 18? Then you cannot be claimed as a dependent by your parents, even though they are paying for you.

If you are married, you can file either jointly or individually, but you will have to file as married. Either way, your taxes are for income, which has nothing to do with your school. Your school expenses and rent might figure in for exemptions or credits, but are irrelevant to your filing status.

If you have these questions, then it would benefit you to visit a preparation service or CPA.

Answer 8

It is based on where you lived for the longest and who provided the majority of your care. Based on the info you gave your Husband is legally the one that can claim you. But you can allow your father to claim you, if your spouse doesn't object, just don't tell the IRS.

Answer 9

you should file married filing jointly with your husband. it appears as if he provided more than half of your support and you were living with him for the entire year and did not earn any income of your own.

Answer 10

you can give any one permission to claim you. your husband does not have to claim you if you don't want him to. You can file seperate if you want many married couples do. If you let your husband claim you, and you feel guilty about it just take some of the money, and give something to your father if you are feeling quilty about it. Whom ever claims you besides your husban will need a letter from you stating that you are giving them permission to do so.