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Can I claim my step children if husband doesnt?

Customer Question
Can I claim my step...
Can I claim my step children if husband doesn't?
Submitted: 8 years ago.Category: Tax
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Answered in 4 minutes by:
11/16/2009
Tax Professional: Merlo, Accountant replied 8 years ago
Merlo
Merlo, Accountant
Category: Tax
Satisfied Customers: 9,783
Experience: 25+ years tax consulting. Specializing in returns for US citizens living abroad
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Hello mbranham,

 

If you and your husband plan to file separate tax returns, then either of you may claim the children.

 

If you file a separate return from your husband and claim the children on your return, any refund which you have coming will still be send to you and will not be held to pay his student loan debt. You do not have to file for injured spouse. That is only required if you file a joint return and want your portion of the refund to still be sent.

 

 

Thank you mbranham

 

 

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Customer reply replied 8 years ago
If we file joint, then file injured spouse for myself, is there a place on that joint form to assign myself as the claimant of the step children?
Tax Professional: Merlo, Accountant replied 8 years ago

Hello again mbranham,

 

No, there is not. When you file a joint return, the credits for any dependents that you claim would simply be applied to the total tax the two of you owe combined. The way it works is on a percentage basis. Here is an example.

 

If you file a joint return with your husband and he shows income of $60,000 for the year and you show income of $40,000 for the year, then 60% of any refund you have coming would be held for his student loan and the other 40% of the refund would be sent to you. That is because you earned 40% of the total income. So the credit for the dependents just applies to your total tax bill, and then the refund is split after applying those credits.

 

 

Thank you mbranham

 

 

Merlo
Merlo, Accountant
Category: Tax
Satisfied Customers: 9,783
Experience: 25+ years tax consulting. Specializing in returns for US citizens living abroad
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