if my husband was claimed on his mothers taxes and is 21 and not in school. what do i have to do?

Question

we were trying to file jointly but his mother claimed ho=im. can i still send my taxes as is. will she owe? or do i have to change my taxes. i live in new jersey.

Answer 1

Both previous answers are INCORRECT. If you and/or your hubby lived with his mother and she provided over half of your support, there are certain circumstances that would allow her to claim him. The instance is if you and hubby are only filing to get back the taxes you paid in and have NO tax liability. Here is the quote right off the IRS website and I will include the link. "Married child. If your qualifying child is married at the end of the year, both of the following must apply for the child to be your qualifying child for purposes of head of household filing status.
The child cannot file a joint return unless the return is filed only as a claim for refund and no tax liability would exist for either spouse if they had filed separate returns.

The child must be a U.S. citizen, U.S. national, or a resident of the United States, Canada, or Mexico. An exception applies for certain adopted children. "
http://www.irs.gov/publications/p553/ch01.html
You have to scroll down about half way to find it. It's under the heading "Married Child". If none of these conditions occurred, then his mother needs to file an amended return so you and hubby can file yours. Either that, or you can go ahead and fill your paperwork out, mail it in, let the IRS contact you and fight with your MIL to payback the monies she received. Hope this helps.

Answer 2

This assumes that you were married on or before 12/31/06. If you were, tell his mother to file an amended return. She is no longer permitted to claim him as a dependent now that he is married. It does not matter how much support she provided during 2006, she lost the exemption as soon as he married you.

(There is an exception to this, but it would only apply if BOTH of you had less than $3,300 each in gross income AND would have zero tax liability if you filed separate returns. That's an unusual situation and if EITHER of you had $3,301 or more in gross income it would not apply.)

You should file a joint return with your husband. If you try to e-file it may be rejected if she did claim him and her return has been processed. If that happens, you'll have to file a paper return and mail it in.

The IRS will flag both returns for followup. They might ask you for proof of your filing status; a copy of your marriage license will suffice for that. With that, they will deny the exemption that his mother claimed and send her a bill for the additional tax due to the denial of the exemption.

Answer 3

uh... yeah, that's not right. If he's not a full time student, he CAN NOT be claimed as a dependent OR an exemption on his mothers return...

Answer 4

I second the answer by Mexlover8.