Can my parents claim my husband on taxes?

John Alden

If they pay the majority of his living expenses then he is a dependent. You cannot claim him also.

Max Hoopla

They can claim him if he has an ITIN.

danxp2

The relevant parts are You must have provided at least half of the person’s total support for the year — food, shelter, clothing, etc. If your adult daughter, for example, lived with you but provided at least half of her own support, you probably can’t claim her as a dependent. They must be a U.S. citizen, U.S. national, or a resident alien. Dependents can have their own tax returns, and even be married, but they must not have filed a joint tax return for the year. They must have a taxpayer identification number. That’s usually a Social Security Number, but if the child doesn’t qualify for one, it can be an Individual Taxpayer Identification Number (ITIN) or an Adoption Taxpayer Identification Number (ATIN). The person cannot have a gross yearly income over $4,150. (That’s the amount for 2018 returns — it usually changes each year.) The person must be either related to you or must have lived with you all year as a member of your household. If husband has ITIN maybe you can.

babyboomer1001

No. He is not their minor child nor their disabled adult child that relies on them for his care.

NA

You can file MFJ. (If he doesn't have an SSN, attach form W-7 and get an ITIN.) If YOU file MFS, yes, your parents could claim him if they meet all the tests (live with them all year, he made less than $4150 and they can prove they provided more than half of his support). The option for you, as spouse, to claim your spouse's exemption on an MFS return is gone. Only the two choices above are allowed.

Pascal the Gambler

You cannot claim a spouse. You and your spouse can file a joint return, and if you choose to, then your parents can not claim him. He needs an ITIN. The married joint return is almost certainly the best option for you.

STEVEN F

No, and they can't claim YOU either. You can NEVER claim a spouse as a dependent, but you can probably file Married Filing Jointly.

sara

No, he’s not their kid