Question

Claiming Parents as Dependents?

Forum|Forum|3 years ago
April 5, 2023
2 replies
0 views

I will be claiming my parents as dependents for this Tax Year 2022. AND I would want to have my parents still file their taxes even if there is no income. My question is will they still be able to file their Taxes as Married Filing Joint since I'll be claiming them as dependents? I have been supporting them since my F was incarcerated from mid March 2022 and M is currently unemployed. Would appreciate what is best to do. Thank you!

Hal_Al

Employee

Q. My question is will they still be able to file their Taxes as Married Filing Joint since I'll be claiming them as dependents?

A. No. But, maybe.

One of the dependent rules is that a dependent cannot be filing a joint return with their spouse. The one exception is, if they are only filing a tax return to claim a refund of withholding.

Filing a tax return with no income is not the same as filing a tax return claiming a refund.

Why do you think they need to /want to file a tax return if they have no income. What are trying to accomplish.

A

alexcnAuthor

The concern the comes to mind are the following:

Parents are avoiding any audits in the future for failing to file a tax return with or without income. It is best to be safe than sorry. We've encountered horrible experiences in the past and do want to avoid any issues in the future.
The next concern is then asked on the my Tax's questionnaires itself for each dependent see the following screen shots of the questionnaires on dependents: Will need to file to see if there is a refund from credits so I'm not sure.

Then on their questionnaires there are no concerns about filing as a married joint as a claimed dependent. Its just that will all the added information there will be no refund as we expected to have one.

Hal_Al

Employee

You're not allowed to check yes to the question "Did (name) file this return just to get a refund of withheld tax" if that's not really the case.

A "refund from credits" is not the same as a refund of withheld tax.

X

xmasbaby0

Employee

A question about this;

" I have been supporting them since my F was incarcerated from mid March 2022"

Was your father incarcerated for the remainder of 2022 starting in March 2022? If so, you cannot claim to be supporting him. He is being supported by the corrections system in which he is incarcerated.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**