[LAMEENA]

My husband claims my daughter on his w2s I was wondering do he have file her on his
Return. Or can he just file himself and I claim her on my income tax being that he doesn't
Want to this year or will he get into trouble for not file her on his return.

[ebaines]

Do you mean W4 instead of W2? W4 is the form you submit to your employer to determine how much tax to withhold from your paycheck. If so, then no problem - you don't actually provide any names of dependents when you fill out your W4, and it's quite common for the number of allowances claimed on the W4 to be different from the number of exemptions on your tax return. The only risk here is that if your husband has claimed too many allowances on his W4 then he may not have had enough taxes withheld by his employer from his paycheck during the year, in which case he may end up owing more tax money.

[ScottGem]

As ebaines notes, what you claim on your W4 (not W2, which is just a statement of income and withholding) is not binding on what you do on your tax return (1040). However, if he under withholds he may have to pay taxes when he completes his return.

[AtlantaTaxExpert]

Agreed.