I got married on Nov 2 of last year but my mom said that she claimed me as a dependent already on her taxes. So I was just curious do me and my wife just file separately or should I still file as a married couple? I just don't want to get audited so I was just curious on what to do.
2007-04-01 04:40:03 · 6 answers · asked by Jahrwh 2 in Business & Finance ➔ Taxes ➔ United States
Your filing status does not depend on whether you have been claimed as a dependent or not. So, you and your spouse can file separately (as married filing separately), or you can file married filing jointly.
Since you were claimed as a dependent, you will not claim yourself on your return. It is simpler if you file separate returns. If you have no children, it will make no difference in your refunds. On your return, do not claim yourself. On your spouse's return, she claims herself.
If you have children the situation is different. You need to file a joint return and not be a dependent to get the Earned Income Credit. If this is the case, seek a tax preparer who can advise you whether it is worth the trouble, or even possible, to get your mother to change her return.
2007-04-01 05:35:31 · answer #1 · answered by ninasgramma 7 · 0⤊ 1⤋
If you file a joint return, which is your right since you're married, your mom's claim to you as a dependent will be disallowed. If she met all the rules to claim you as a dependent for the year, then you can decide among yourselves how you'll file. If she doesn't meet ALL the rules for claiming you, she should file an amended return dropping you as a dependent.
You won't get audited because you file a joint return, but you might get a letter from the IRS asking you to prove that you're entitled to the exemption since your mom also claimed you. If you file a joint return, she'll get a letter telling her she can't claim you.
If your mom is going to get your exemption, then you and your wife would file as married filing separately.
2007-04-01 12:03:10 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
Your mother can only claim you as a dependent if the only reason you filed a return as married, filing jointly is to receive a refund of all federal tax withheld. If you file a return because you are required to, she cannot take you as a dependent.
2007-04-01 12:04:11 · answer #3 · answered by skip 6 · 0⤊ 0⤋
Because your mother has already filed claiming you as a dependent, unless you want to (a) raise questions with the IRS/have her audited; or (b) have your return rejected by the IRS anyway since you've already been claimed as someone's dependent, it would be best if you filed as a dependent (if you are, indeed, required to file).
Otherwise, if your mother had not claimed you, you could have gotten married at 11:59pm on December 31st of that year and still filed married if you wanted to (although filing single allows you a higher deduction).
2007-04-01 11:52:14 · answer #4 · answered by Nerdalicious 2 · 0⤊ 3⤋
Skip got this one right. Your mother failed the joint return test if you had a tax liability on your joint return.
I have seen many returns where the daughter got married late in the year (some on New Years Eve) and the parents wanted to claim the daughter and got angry with me saying they were entitled to claim her since they paid her support during the year.
2007-04-01 20:22:43 · answer #5 · answered by Mark S 5 · 0⤊ 0⤋
She should not have calmed you. You should have filed,married -- jointly.
2007-04-01 11:51:21 · answer #6 · answered by Dixie 6 · 0⤊ 0⤋