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Can a couple married on December 30th file married joint if one is being claimed as a dependent impalpable_2002 02-27-2007
Posted by impalpable_2002 on February 27, 2007, 3:36 pm
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 I am a bit confused by the dependent tax rules for 2006-on.

My wife and I were married December 30, 2006. We would like
to file married-joint for the obvious benefits, but her
parents also want to claim here since they payed her tuition
and over 50% of her expenses for the year.

According to the rules I have seen, her parents can still
claim her as a dependent regardless of marital status.
Half of the people I talked to said we can file
married-joint, but that her 3,300 deduction can not be
claimed. The other half say we must file separate and take
the penalties.

Can anyone clarify which status may be used ? Thanks for
the help.

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Posted by bono9763@yahoo.com on February 27, 2007, 8:16 pm
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 impalpable_2...@hotmail.com wrote:

> I am a bit confused by the dependent tax rules for 2006-on.
>
> My wife and I were married December 30, 2006. We would like
> to file married-joint for the obvious benefits, but her
> parents also want to claim here since they payed her tuition
> and over 50% of her expenses for the year.
>
> According to the rules I have seen, her parents can still
> claim her as a dependent regardless of marital status.
> Half of the people I talked to said we can file
> married-joint, but that her 3,300 deduction can not be
> claimed. The other half say we must file separate and take
> the penalties.
>
> Can anyone clarify which status may be used?

You can file a joint return if you want to. If you do so,
her parents will not be able to claim her as a dependent
unless the only reason you are filing a joint return is
to get back all your withholding because you don't owe
any tax.

If you want to allow her parents to claim her, then you
must each file married filing separately.

Dennis

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by AK47 on March 1, 2007, 6:47 am
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> impalpable_2...@hotmail.com wrote:

>> I am a bit confused by the dependent tax rules for 2006-on.
>>
>> My wife and I were married December 30, 2006. We would like
>> to file married-joint for the obvious benefits, but her
>> parents also want to claim here since they payed her tuition
>> and over 50% of her expenses for the year.
>>
>> According to the rules I have seen, her parents can still
>> claim her as a dependent regardless of marital status.
>> Half of the people I talked to said we can file
>> married-joint, but that her 3,300 deduction can not be
>> claimed. The other half say we must file separate and take
>> the penalties.
>>
>> Can anyone clarify which status may be used?

> You can file a joint return if you want to. If you do so,
> her parents will not be able to claim her as a dependent
> unless the only reason you are filing a joint return is
> to get back all your withholding because you don't owe
> any tax.
>
> If you want to allow her parents to claim her, then you
> must each file married filing separately.

Are the parents certain that they will get a benefit from
claiming the daughter as a dependent?

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Impalpable on March 1, 2007, 6:47 am
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> impalpable_2...@hotmail.com wrote:

>> I am a bit confused by the dependent tax rules for 2006-on.
>>
>> My wife and I were married December 30, 2006. We would like
>> to file married-joint for the obvious benefits, but her
>> parents also want to claim here since they payed her tuition
>> and over 50% of her expenses for the year.
>>
>> According to the rules I have seen, her parents can still
>> claim her as a dependent regardless of marital status.
>> Half of the people I talked to said we can file
>> married-joint, but that her 3,300 deduction can not be
>> claimed. The other half say we must file separate and take
>> the penalties.
>>
>> Can anyone clarify which status may be used?

> You can file a joint return if you want to. If you do so,
> her parents will not be able to claim her as a dependent
> unless the only reason you are filing a joint return is
> to get back all your withholding because you don't owe
> any tax.
>
> If you want to allow her parents to claim her, then you
> must each file married filing separately.

Both She and I will be receiving refunds on federal. When I
file my state separate I show a refund, but together we show
owing a $43 penalty. Is it possible to file federal joint
and then each file our own state ? Hers is in a different
state than mine.

Thank you for the help. Next year this won't be an issue,
but right now this is slightly confusing.

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Phil Marti on March 1, 2007, 8:49 pm
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> Both She and I will be receiving refunds on federal.

Note that the test is not whether you get a refund. It's
whether you get a refund of ALL your withheld income tax.
If either of you would get only a partial refund, her
parents cannot claim her if you file a joint return.

> When I file my state separate I show a refund, but together
> we show owing a $43 penalty.

What happens on your state returns doesn't affect the
Federal dependency exemption issue.

> Is it possible to file federal joint
> and then each file our own state ? Hers is in a different
> state than mine.

That's going to depend on the states.

--
Phil Marti
Clarksburg, MD

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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