Got married in September 2007, can we file jointly AND her parents claim her as a dependent?

She's a medical school student, lived away from her parents. However, since she's 24 and a student- I think her parents are still able to claim her as a dependent. If we file jointly and notate that she is a dependent, can her parents still claim her??





I worked and had income, but she did not.Got married in September 2007, can we file jointly AND her parents claim her as a dependent?
The rule that comes to mind is that a dependent may not file a joint return, unless that joint return was to claim refund only. (pages 9 and 10 of IRS publication 501) Neither spouse can have a tax liability on separate returns. Therefore, if you have a tax liabilty on a Married Filing Separate filer, then her parents cannot claim her and you might as well file a joint return.Got married in September 2007, can we file jointly AND her parents claim her as a dependent?
Not generally. If you are filing only to get a refund and have no tax liability on your own, then maybe, but if that's the case you might as well just file as married filing separately and avoid any potential problems.





But if she's 24 her parents can't claim her anyway as a qualifying child. They might be able to claim her as a qualifying relative if they provided over half of her support and she didn't have gross income of $3400 or more.
You cannot claim a married person as a dependent that files a joint return unless that joint return is only a claim for a refund and there would be no tax liablity for either spouse if they file separately.





If the above test is met and they qualify to claim her and she was not under the age of 24 at the end of the tax year she would not be a qualifying child so she would then be a qualifying relative if they provided over half of her total support for the entire year.
since you were legally married in September 2007 you are required to file married filing joint and parents canNOT claim her unless you two are separated. It is in your and her best interest to file together anyway. it does not matter whether the wife worked. it just matters that you are married. if the parents claim her anyway, it is fraud on their part. I know they don't mean to, but that is what it is.
Her parents would not be able to claim her as a dependent. You would take an exemption for both you and her on your joint return.





Contrary to common belief, a person who is a student is not automatically their parent's dependent. While student status can be a factor, a rather complex series of other tests must also be met.
If her parents claim her you can't file joint, If thhhey don't claim her you can file joint. I think but not sure that you can claim her as dependent since she had 0 income