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Anne
Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 2429
Experience:  Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
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My daughter got married on December 12th, 2015. Can my

Customer Question

My daughter got married on December 12th, 2015. Can my husband and I still claim her on our 2015 taxes as a dependent since she was our dependent child for the majority of the calendar year?
Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.

Yes - you may claim your daughter as a dependent - but there are additional conditions for that.
Specifically - The child must not be filing a joint return for the year (unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid).

Expert:  Lev replied 1 year ago.

In additional to be your dependent - your daughter should be a qualifying child for THAT tax year - not just for the majority of the calendar year.
Tests To Be a Qualifying Child:

1. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.
2. The child must be (a) under age 19 at the end of the year and younger than you (or your spouse if filing jointly), (b) under age 24 at the end of the year, a student, and younger than you (or your spouse if filing jointly), or (c) any age if permanently and totally disabled.
3. The child must have lived with you for more than half of the year.
4. The child must not have provided more than half of his or her own support for the year.
5. The child must not be filing a joint return for the year (unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid).

If all these conditions are met - I see no issues. But we need to verify.

.

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Expert:  Anne replied 1 year ago.

Hi

I'm Anne. I've been preparing taxes for 27 years, and I have a different answer for you.

According to IRS pub 501 (https://www.irs.gov/pub/irs-pdf/p501.pdf) page 12, it states that your child may no longer be your dependent since she is now married and will be filing with her husband.

The scenario that the above expert mentioned is only valid if your daughter and her husband were below the filing requirement, and are only filing to receive any Federal tax withheld. Although this can happen, it is normally rare, since most married couples do work and do need to file a tax return.

Filing requirements are found on page 7 of the instructions for Form 1040 (https://www.irs.gov/pub/irs-pdf/i1040gi.pdf)

If you have further questions, please post them here and I'll be notified.

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