@Bsch4477 filing MFS is for personal reasons. we live together.
@VolvoGirl I never said, my son is tax exempt because he has low income. He is tax exempt because he works for university.
No one can claim my son. so I don't need to check that box as you mentioned. my husband has high tax balance due so I file separate to get refund, otherwise IRS will eat up my refund to pay his balance
my only question was my son who has more then $4700 w2 income, does he needs to file his return separate due to fact he has income higher than $4200? (limit for 2023 for children)
If he gets a W2 he doesn't have to file a return if it is less than the Standard Deduction 13,850, not because of the 4,700 or 4,200 limit.
If their only income is W2 and under 13,850 they do not have to file a return except to get back any withholding taken out. If he got a 1099Misc or 1099NEC you have to file it as self employment income no matter how small the amount.
If he does file his own return then HE has to check the box on his return that says someone else can claim him.
Filing requirements for a dependent
https://ttlc.intuit.com/community/children-dependents/help/do-i-need-to-file-my-own-taxes-if-i-m-a-dependent/00/26111