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ciscofire17 | I got married last year on December 15. My father inlaw has claimed my wife as a dependant.? |
How do I file for this year? Do I file single?
Additional Details
My wife is 20. My father inlaw pays for her university tution so I guess he figured it will be fine. I just filed today electronically as joint. It didn't hit me until right now. I asked and found out he filed about a month ago. So I'm confused on what to do. Will I have the IRS hunting me down now? |
 |
 
kathi1vee
|
Not knowing all the circumstances, or why your father-in-law thinks he can claim your wife, I would contact the IRS either by phone or online and ask them what you should do. If he has no legal standing to claim her, then you should be able to do it, and he will get a letter from the IRS telling him his claim is denied. But contact the IRS immediately, so you know if you can claim your wife yourself and get the deduction! |
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Brian J
|
First off, you cannot file as single because you are married. So, your only choices are MFS or MFJ.
That being said, what the IRS would say to your father-in-law is this: You generally cannot claim a married person as a dependent if he or she files a joint return.
Example.
You supported your 18-year-old daughter, and she lived with you all year while her husband was in the Armed Forces. The couple files a joint return. Even though your daughter is your qualifying child, you cannot take an exemption for her.
Exception. The joint return test does not apply if a joint return is filed by the dependent and his or her spouse merely as a claim for refund and no tax liability would exist for either spouse on separate returns.
Example.
Your son and his wife each had less than $3,000 of wages and no unearned income. Neither is required to file a tax return. Taxes were taken out of their pay, so they filed a joint return to get a refund. The exception to the joint return test applies, so you are not disqualified from claiming their exemptions just because they filed a joint return. You can claim their exemptions if you meet all the other requirements to do so.
======================
Basically, you and your wife filing jointly trumps his being able to claim her as his dependent (with the exception mentioned above).
No matter if he totally supported her up to December 30th -- if you married her on December 31st, and then filed jointly for 2007, your marriage and joint filing status prevents him from claiming her as a dependent (with the exception mentioned above).
The rules are fairly clear concerning this. Your father-in-law really has not choice about this and the IRS would back you.
See this IRS web site for details: Scroll down one page on this web page and see the Joint Return test: http://www.irs.gov/publications/p17/ch03.html#publink100032178 |
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Gary
|
The IRS will send you a letter. Father-in-law mess you up. When his daughter got married on December 15 than he should of not claim her for his 2007 taxes. You can not file single then you are filing a false return. I said be truthful and file as Married Filing Jointly. Your father in law will also be contacted by the IRS. This can all be avoided but your father-in-law needs to amend his 2007 taxes and remove his daughter from his state and federal taxes. |
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v b
 |
Be a man.
Sit down and draft your tax return both ways--what it would look like if you file MFJ with both of you on the return and MFS with just you. Figure out the difference in tax/refund. This INCLUDES any education credit.
Then go talk to your new father in law. Ask him to do the SAME thing. Together you need to decide if your wife is worth more on his return or more on yours.
You've got to remember that you stole his little girl on 12/15. If he paid the tuition, he made a HUGE gift to your wife. (This gift and education credit goes with the return where her exemption is claimed.) Did you pay anything? Like the wedding? You can really help out by letting him claim her one more time.
However, if you cannot see eye to eye, you can force the issue by filing MFJ--once done, he's ineligible to claim your wife. |
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Rebecca
|
First of all, why is your wife's father claiming her as a dependent when she's married??
Secondly, I would file married, filing separately.
Thirdly TALK to an accountant. |
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KK
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How old is your wife? I think you are going to need to see a tax professional on this one. If she has been independent since 19 he cannot claim her as a dependent, especially if she made over $3k last year.
EDIT:
For those saying the father claimed his daughter for most of the year then that is how the taxes are filed are wrong. It does not matter WHEN you married. If one is married by December 31, 2007 at 11:59pm, they are considered MARRIED for the entire year. I learned this last year when I got married. |
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LYN JOAN TJoanie
 |
Sounds a bit strange to me, I bet it will to the tax people too! Good luck! |
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discadragon
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Married filing jointly, but do not claim your wife as dependant. just yourself |
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k9mom ♥s my Nora dog
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I'm thinking since it sounds like your wife was his dependent for most of 2007 he can claim her. If I were you I would say file "Married but filing single and do not claim your wife as your dependent. Obviously, your fil can't do that for taxes purposes next year. |
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Ashley
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No, file married. If her father supported her throughout the year, then she would be considered a dependant to him. |
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