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    kmalburo1103's Avatar
    kmalburo1103 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 28, 2008, 11:45 PM
    Income Tax Returns
    Can my mother in law file for joint if she live in different state from her husband? She hasn't been working since last year and been staying with us.. Can her husband claim her or can I claim her? Can her husband file for joint even though he hasn't been supporting her?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 29, 2008, 08:53 AM
    Quote Originally Posted by kmalburo1103
    Can my mother in law file for joint if she live in different state from her husband? She hasn't been working since last year and been staying with us.. Can her husband claim her or can I claim her? Can her husband file for joint even though he hasnt been supporting her?

    You can only file jointly if you BOTH sign the return so, depending on the relationship, they both may have to file married, filing separately. On the Federal Return it doesn't matter much where each party lives, it's all about the married or single status.

    I have no idea about the "who is supporting" her question - do you provide for her total support?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #3

    Jan 30, 2008, 09:33 AM
    Agree with the joint statement above. The physical location of the married cople is irrelevant. One could be on Mars and the other on Venus for all the IRS cares.

    As for you claiming your mother, that is allowed IF you provide more than half of her total support and, of course, if her husband does not file jointly and sign her name on the return without her knowledge (happens MUCH MORE than you think it does!).

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