Father wants to claim me

[Desitool]

What is the name of your state (only U.S. law)? Colorado

I got married this year on June 27th, 2009. I am 21 years old and a full-time student. I do not work. My husband was planning to get the deductions for me this year, but then my Dad told me that he is going to deduct me, because he has been sending me $300 a month for the entire year to put towards education, this December being the last check he is planning to send.

I'm not sure how this works, because I have been living with my now husband for a year and a half now, and he has paid for our home, my gas, groceries, car insurance, cell phone, the wedding, textbooks, and other school expenses. It seems like my husband should get the benefit, because he has provided the majority of my living expenses for the year. I told my Dad that he might be able to write off the money he gave me as a gift. I am currently in my last year as an accounting major, and am taking tax right now, but I do not know the answer to this question.

 

[TinkerBelleLuvr]

What kind of income does your husband have? Dad may possibly have NO choice about claiming you.

 

[irsos]

What is the name of your state (only U.S. law)? Colorado

I got married this year on June 27th, 2009. I am 21 years old and a full-time student. I do not work. My husband was planning to get the deductions for me this year, but then my Dad told me that he is going to deduct me, because he has been sending me $300 a month for the entire year to put towards education, this December being the last check he is planning to send.

I'm not sure how this works, because I have been living with my now husband for a year and a half now, and he has paid for our home, my gas, groceries, car insurance, cell phone, the wedding, textbooks, and other school expenses. It seems like my husband should get the benefit, because he has provided the majority of my living expenses for the year. I told my Dad that he might be able to write off the money he gave me as a gift. I am currently in my last year as an accounting major, and am taking tax right now, but I do not know the answer to this question.

Your father MAY NOT claim you this year and perhaps not last year. File a joint return with your husband.

 

[LdiJ]

What is the name of your state (only U.S. law)? Colorado

I got married this year on June 27th, 2009. I am 21 years old and a full-time student. I do not work. My husband was planning to get the deductions for me this year, but then my Dad told me that he is going to deduct me, because he has been sending me $300 a month for the entire year to put towards education, this December being the last check he is planning to send.

I'm not sure how this works, because I have been living with my now husband for a year and a half now, and he has paid for our home, my gas, groceries, car insurance, cell phone, the wedding, textbooks, and other school expenses. It seems like my husband should get the benefit, because he has provided the majority of my living expenses for the year. I told my Dad that he might be able to write off the money he gave me as a gift. I am currently in my last year as an accounting major, and am taking tax right now, but I do not know the answer to this question.

I am going to explain this to you a little more thoroughly, so that you will be able to explain it to your father.

Your father cannot claim you, because you no longer meet the tests to be claimed by a parent, and may not have even met the tests to be claimed by a parent last year.

Your husband cannot claim you either. The tax benefit your husband would receive is by filing a joint tax return with you.

 

[Desitool]

Great! Thank you! I was pretty positive he couldn't claim me, and that we would file joint, but he seemed to think that since we weren't married for half of the year, that he should be able to, so I thought I'd double check. Do you know anything about if he can claim the money he did give me this year as a gift?

 

[LdiJ]

Great! Thank you! I was pretty positive he couldn't claim me, and that we would file joint, but he seemed to think that since we weren't married for half of the year, that he should be able to, so I thought I'd double check. Do you know anything about if he can claim the money he did give me this year as a gift?

Claiming it as a gift would give him no tax benefit at all.

IF you had lived with your father during the months prior to your marriage, and IF you had still been in school during that time and IF your husband did not make enough money to owe any tax, but would receive a full refund of any taxes withheld, without your exemption, THEN your father could have claimed you as a dependent.

However, you have been living with and been supported by your boyfriend/husband for the entire year...and it sounds like your boyfriend/husband made enough money that he would not get his entire withholding back without your exemption. Therefore your father cannot claim you, because he does not meet all of the necessary tests to do so.

 

[Zigner]

You were married for more than 1/2 the year. Not that it matters...just thought I'd point it out though.

 

[ecmst12]

As I just learned, if you were married any time before 12/31, the IRS considers you married for the whole year.