Can a parent claim her daughter who is married filing separately but she is filing just to get a refund. She went to school for 5 months and made $8500 at a job. She got married in 2021. Her spouse was in the USA just 3 months during 2021 and is on a Visa here but he has a SS#. Is this okay. I know you can claim a depenent who is married filing joint if he or she is just filing to get a refund but I never see anything on married filing separately just to get a refund.
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A person filing a MFS does not affect the ability for somebody to claim her as a dependent. So if she qualifies as a dependent, yes, the parent can claim her. -
It would appear "silence is golden" reading IRC 152
(2) Married dependents
An individual shall not be treated as a dependent of a taxpayer under subsection (a) if such individual has made a joint return with the individual's spouse under section 6013 for the taxable year beginning in the calendar year in which the taxable year of the taxpayer begins.
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