Taxes Question?

Question

Hi, I'm from New York State
I was recently married on 10/01/07 and I am only 18 years old.
Right now I am filling out FAFSA information so I can attend college in the Spring and my mom told me she is claiming me and that my husband cannot claim me because we have not been married for a year
--she also said that she has the right to claim me because she supported me all of the year 2007 up until the end of September


can she do this?
or can my husband claim me?

Answer 1

You have a choice. You are allowed to file a joint return with your husband. You are even allowed to file Married Filing Single if you want. Or your mother may claim you as a dependent if you qualify.

If you lived with your mother for more than 6 months, and you didn't provide more than 1/2 your own support, then your mother is allowed to claim you as a dependent, as long as you don't file a joint return with your husband. You are never a dependent of your husband. You are his spouse. If you file a joint return with your husband, you are filing your own tax return as a married taxpayer.

Assuming you haven't worked during the year, you should figure your taxes both ways.
1. If your husband files as Married Filing Single.
2. If you and your husband file jointly.

Then see how much your refund increases by filing jointly. If your husband still gets a substantial refund without filing jointly, then you might want to let your mother claim you on her tax return as a dependent.

If your husband has no tax liability when he figures his return filing MFS, then your mother may claim you as a dependent, and you are also allowed to file a joint return with your husband.

Your mother's refund will benefit if she claims your dependent exemption amount. If you lived with her for more than 6 months, she can file as Head of Household, which reduces her tax liability even further. Usually, your mother loses EIC credit if you are married, and you are too old to qualify for child tax credit..

If you are a dependent, FAFSA will consider your mother's 2007 tax return, and she will apply for financial aid with you..

However, if you file a joint tax return with your husband, you may qualify for more FAFSA grants and scholarships, especially if your tax return shows greater financial need. In that case, you would apply for financial aid on your own (just you and your husband, without your mother).

If your mother loses you as a dependent, she will not be able to claim education credits if she is already paying money and fees towards your college education.

Talk it over with your husband. Decide what is best for both of you.

Good luck

Answer 2

You can file a joint return with your husband, regardless of how long you've been married. If you file a joint return, you mother may NOT claim you. If she does, her return will bounce and she'll have to return any excess benefit she received based upon the dependency claim. It doesn't matter how much support she has provided, as soon as you marry that ends her ability to claim you.

There is an exception to this rule, though it rarely is encountered. If both you and your husband had so little income that you would have received a full refund of all taxes withheld if you filed separate returns AND the only reason that you filed a joint return was to receive a refund of all taxes withheld, then and only then could your mother possibly claim you as a dependent. (Keep in mind that this unusual situation won't affect YOUR return or refund, only your mother's legal ability to claim you as a dependent.)

So, go ahead and file a joint return with your new hubby and let your mother worry about the consequences of her actions. It won't affect you. At worst the IRS will ask for proof that you are married. A copy of your marriage license will end their involvement as far as you are concerned.

Answer 3

As Bostonian points out, marriage trumps parenthood, but keep in mind that it's nice to keep your mother happy! (Is she going to help you with any school expenses? Did she really pay all your bills and put a roof over your head for most of 2007?)

Play hardball. Sit down with your husband and draft the tax return twice. Show one return as MFJ (married filing jointly) with both exemptions on the joint return. Figure out the total refund. Do another set as MFS (married filing separately) returns with your husband's tax return claiming himself and your tax return not claiming you. Add up the refunds. See how much you lose if you don't claim your own exemption.

Then sit down with your mother and ask her to do the same. Have her figure out how much she loses on her taxes if she does and doesn't claim you. If your refund is $330 higher and she loses, say, $2000, you really should offer to let her claim you this one last time...or even suggest that she file you and GIVE you the $330 as a wedding present.

How you file your return *is* the deciding factor.

Answer 4

First of all, your husband can't "claim" you, you can't claim a spouse as a dependent. But you can file a joint return with your husband, and if you do, your mom can't claim you. On a joint return you'll get an exemption of $3400 for each of you, plus a standard deduction - if you didn't have any income this year, the result would be that $8750 of your husband's income wouldn't be taxed.

If you don't file a joint return, she probably can. But you make the choice, not your mom.