[ParanoidAndroid]

I have a question, but I have not been able to find the answer anywhere. Tax gurus, please help =D

Scenario:

-Spouse 1 files married filing separately

-Spouse 2 does not file return

-They live together

Question:

-Can spouse 2 be claimed as a dependent on someone else’s return?

CPA for life...

[RonBurgundy]

Who would be trying to claim Spouse 2, a parent? In most cases, MFJ would be most beneficial based on the limited amount of information you provided.

~ You Stay Classy, San Diego

FAR - 77
BEC - 82
REG - 81
AUD - 84

[J]

The answer is yes. In this MFS case, assuming Spouse 1 does not claim spouse exemption, Spouse 2 could theoretically be claimed as a dependent by another taxpayer under the qualifying relative test. Alternatively, Spouse 1 could still claim the spouse exemption if the spouse does not have any gross income and is not claimed as a dependent by another taxpayer.

[VR]

Spouse is not allowed to file MFS is he/she are not legally separated. My friend's husband moved out of the house and she wanted to file MFS because they didn't live together.However, her CPA told her that she can't do it because they were not legally separated.

[RonBurgundy]

You do not have to be separated to file MFS. In most cases it is more beneficial to file MFJ, however it may be better for spouses to file MFS if their incomes are similar and if some other factors come into play.

~ You Stay Classy, San Diego

FAR - 77
BEC - 82
REG - 81
AUD - 84

[J]

MFS has nothing to do with whether a couple is separated or not. Happily married couples can file MFS. In the vast majority of cases, there are distinct tax benefits to filing MFJ as opposed to MFS, but that's not to say that it cannot be done.

[mla1169]

VR your friend was given bad advice. Very happily married couples can file separately although it is usually more beneficial to file joint.

FAR- 77
AUD -49, 71, 84
REG -56,75!
BEC -75

Massachusetts CPA (non reporting) since 3/12.

[ParanoidAndroid]

I was asking because I was trying to put my mom as my dependent under the qualifying relative test, but for some reason the tax software keeps giving me an IRS Rejection Message. My dad filed (little income) MFS and DID NOT claim the spouse exemption. My mom did not have any income and I'm trying to file as head of household with my mom as a dependent in order to reduce my tax liability. I went through the IRC and found nothing wrong with this. I'm thinking the tax software keeps rejecting it because my mom's SS# was entered on my dad's return. I talked to this guy I know who is an EA, but he could not give me an answer. lol =D…may be my tax planning strategy really sucks!

CPA for life...

[littlenumberrobot]

My guess is @VR‘s friend lived in a state where you must split the income 50/50 when filing MFS. ITS A PAIN! I bet that is why their CPA told them no. Just a theory.

ParanoidAndroid – It may have been the software, maybe paper file and see what happens.

CA CPA - All because of the journey listed below
-----------------------------------------------------------------------
FAR - 53('10), 8/25/12 79 PASSED!
REG - 66('11), 69('12), 12/06/12 77 PASSED!!
BEC - 58('10), 74('12), 01/05/13 77 PASSED!!!
AUD - 43('11), 66('12), 69('13), 74('13) 7/29/13 85 PASSED!!!!!

(Combinations of Roger, Yaeger, Wiley Book, Wiley TB, & NINJA Notes)

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[mla1169]

Your mother has no income, or her income is less than $3900? And can you look at your dads return to see what the story is?

FAR- 77
AUD -49, 71, 84
REG -56,75!
BEC -75

Massachusetts CPA (non reporting) since 3/12.

[ParanoidAndroid]

My dad only worked a few months and he filed MFS and got a refund…the EA guy is convinced I cannot claim her as my dependent though

CPA for life...

[Tncincy]

If your dad filed MFS (Married Filing Seperate) then the other person cannot be a dependent on another tax form. They can file MFS for themselves but they cannot be a dependent on another return. So a reject will continue to happen because they cannot be a dependent on another return.

It begins with a 75
Been here too long as a cheerleader....ready to pass

[mla1169]

tncincy,a person whose spouse files MFS absolutely can be claimed as a dependant on someone else's return as long as they meet the criteria.

Heck, in some cases even MFJ can be claimed as a dependant. This is directly from the IRS website:

“•You cannot claim a married person who files a joint return as a dependent unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid. “

FAR- 77
AUD -49, 71, 84
REG -56,75!
BEC -75

Massachusetts CPA (non reporting) since 3/12.

[Tncincy]

well there are plenty of scenarios…but that social will reject with e-file because it is used on a nother return under a different status. They may need to mail the return instead of e-file if they are going to claim the married person as a dependent.

It begins with a 75
Been here too long as a cheerleader....ready to pass

[Author]

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