My wife was a full time student and under 24 in 2006.
We got married in June of 2006. Even though we are married, because she was a full time student she meets the criteria for her parents to claim her as a dependent for 2006.
(http://www.irs.gov/pub/irs-pdf/p501.pdf. page 9 )
I understand that means we can't file jointly, so for myself should I still file single for this year, or married filing separately?? She has had no taxable income this year.
2007-02-06 05:49:47 · 6 answers · asked by velnsweb 1 in Business & Finance ➔ Taxes ➔ United States
the chart says "You cannot claim a married person who files a joint return", it doesn't say you can't claim a married person that does NOT file a joint return
so that just means I will have to file a married/seperate return, and she CAN be claimed by her rents.
right?
2007-02-06 11:39:48 · update #1
Filed as: Married filing separately. So her parents has a chance to claim her as dependent. If she's still attending full-time student this year and without taxable income then let her parents do it again for 2007. But if she starts working this year with incomes exceeded $3,500 then you should file: Married filing jointly in 2008, that way you got more refunds ( all her taxes ) since marriage tax penalty has changed 4 yrs ago.
2007-02-11 20:18:36 · answer #1 · answered by MINH H 3 · 0⤊ 0⤋
Since she is married, she does NOT meet the criteria to be claimed as a dependent by her parents! See Table 5 on the next page.
You and your wife should file a joint return. If you do and her parents try to claim her as a dependent, their return will be rejected.
Again, her parents are NOT eligible to claim her as a dependent. You should file a joint return with your wife. You'll pay the least tax by doing so.
2007-02-06 06:42:01 · answer #2 · answered by Bostonian In MO 7 · 1⤊ 1⤋
You need to realize that 50/50 custody on paper is meaningless and if the IRS can't determine which one of you actually had the child living with you for more than half the year, the IRS will rule that neither of you did, neither of you gets a qualifying child and all you will get is the $3500 exemption. Plus, with the new focus on audits, the IRS will look back at 2007 and earlier years and fix those as well. Let me repeat this. 50/50 paperwork is meaningless. You need to keep a calendar that proves the child lives with you. Oh, I think she stays with her mother 5 nights a week during the school year and I have her weekends, holidays and the summer isn't going to cut it. If the IRS decides the mother is the custodial parent and you aren't, you can only claim single, the exemption and the child tax credit...and then only if mom signs a form 8332 and you attach it to your tax return.
2016-03-29 07:55:36 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If you married in 2006, your only option is to file married filing separately.
You could talk with the in-laws and debate the whole filing thing so that you get the credit for your wifes status. Did she live with her parents? Did they help her in paying for school in any way? your wife should figure out which is best for her and decide herself on what and how she should file.
2007-02-06 05:58:36 · answer #4 · answered by brian c 5 · 0⤊ 1⤋
You can still file as married filing joint, but you must check a box on the 1040 that states she can be claimed by someone else.
2007-02-06 06:01:07 · answer #5 · answered by Anonymous · 0⤊ 1⤋
this is the only time you can win!! you can file married jointly, because you were married at the end of the year.
2007-02-06 05:56:24 · answer #6 · answered by Anonymous · 0⤊ 0⤋